SUMIT SHARASHCHANDRA PADHYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with CR. No.0277 of 2023 registered with Shahupuri Polilce Station, Kolhapur, for the offences punishable under Sec. 406, 409 and 420 read with 34 of the Indian Penal Code, 1860 (" IPC "), the applicant has filed present anticipatory bail application seeking relief of pre-arrest bail under Sec. 438 of the Criminal Procedure Code, 1973 (" Cr.P.C .").

(2.) According to prosecution, the informant was in need of loan for purchase of Bulldozer. Based on the information that the Bank shall grant loan without considering CIBIL score, the informant along with another person met the Applicant and Assistant Branch Manager. The Applicant directed informant to open savings account and called upon informant to deposit Rs.15,000.00 for loan process. Accordingly, informant deposited Rs.15,000.00. After completion of documentation process, the informant was informed that loan of Rs.20.00 lakh has been sanctioned and he was further called upon to deposit Rs.10,000.00 towards search report, Rs.3,500.00 towards agreement and Rs.50,000.00 towards commission. The informant paid additional amount of Rs.2,000.00 towards visit charges and Rs.40,000.00 towards mortgage. According to informant, he deposited Rs.1,05,500.00 with the Applicant and Assistant Manager. However, loan was not disbursed to the Applicant. He, therefore, lodged report on 17 th January 2023.

(3.) According to the Applicant, he is working as direct selling agent of H.H.B.S.M.H. India Nidhi Ltd ("HHBS"). The HHBS has appointed the Applicant on 15/12/2021. According to him, except amount of Rs.15,000.00 the Applicant has not accepted any other amount. Amount of Rs.15,000.00 has been deposited with HHBS for which the Applicant is nowhere concerned. According to him, informant's loan was sanctioned by the company, however, the amount was not disbursed and for such lapse, the Applicant is not responsible. The Applicant is acting only as a service provider and nothing beyond that.