RAKHI RAJESH MEWAWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These are the Applications under Sec. 438 of Cr.P.C. filed by the aforesaid Applicants apprehending their arrest in C.R.No.313/2022 registered with DCB, CID, Unit-6, Mumbai for offences punishable under Sec. 406 , 420 , 506(2) r/w. 34 of the Indian Penal Code .

(2.) It is the case of the prosecution that the Applicants had induced the first informant in availing loan on an assurance that they would repay the loan in monthly installments. It is alleged that the Applicants had not repaid the loan since 2020 and had thereby cheated the bank as well as the first informant.

(3.) Order dtd. 06/06/2023 records the statement of the learned counsel for the Applicants that both the financial institutions i.e., HDFC Bank as well as HDB Bank have accepted the proposal for one time settlement. Learned counsel for the Applicants had sought time to file an affidavit giving schedule of payment. Accordingly, the Applicant - Rakhi Mewawala has tendered her affidavit on her own behalf as well as on behalf of her daughter - Masumi Mewawala. The Applicants have stated that they are willing to repay the loan amount to HDB Financial Services Ltd. and HDFC Bank Ltd. Schedule of payment is given in paragraphs 5 and 6 of the affidavit.