TATA CAPITAL LTD Vs. UMESHKUMAR HANUMANDAS GOYAL

JUDGEMENT

(1.) Present Application is filed under Sec. 482 of the Code of Criminal Procedure, seeking quashing and setting aside of F.I.R. bearing C.R.No. I-28 of 2010, registered with Respondent No.2-Kulgaon Police Station, Thane (Rural) for the offence punishable under Sec. 379 read with 34 of the Indian Penal Code, 1860 against Applicant No.2 and others on the report lodged by Respondent No.1. Respondent No.1 opposed the Application by his affidavit-in-reply.

(2.) Rule was issued dtd. 12/10/2012.

(3.) The case in hand, to some extent, is similar to the case of Priyanka Srivastava and anr. vs. State of U.P and Othrs, reported in (2015) 6 SCC 287, wherein the Apex Court observed as to, "how some unprincipled and deviant litigants can cleverly design in a casual manner to knock at the doors of the Court and Police, as if, it is a test center where multifarious experiments can take place and such clever persons can ably abuse the process of the law at their own will and desire by painting a canvas of agony by assiduous assertions made in their case though the actual intention is to harass financial institutions, without any remote remorse, to create a mental pressure on it, for it would not like to be dragged to a Court of law to face civil/criminal cases and further pressurize in such a fashion so that such financial institution would ultimately be constrained to accept 'one time settlement' with the fond hope that, the obstinate defaulters who had borrowed money from it would withdraw the cases instituted against them". 3) The facts which need to be stated are as under: