BHANUDAS S/O. BABURAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present criminal application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as "Cr.P.C." for brevity) seeking quashing of F.I.R. No. 0262/2022 registered with Naldurg Police Station, Tq. Tuljapur, Dist. Osmanabad, for the offence punishable under Sec. 39 of the Maharashtra Money Lending (Regulation) Act, 2014 (Hereinafter referred to as "the Act of 2014" for brevity).

(2.) After filing of the present Criminal Application, the chargesheet bearing No.96/2023 came to be filed under Sec. 173 of the Code of Criminal Procedure and Criminal Case, being Regular Criminal Case No. 418/2023 came to be registered against the applicant in the Court of learned Judicial Magistrate, First Class, Tuljapur, Dist. Osmanabad. The application came to be amended to incorporate prayers for quashing of the charge-sheet and Regular Criminal Case.

(3.) One Eknath Vasant Takne has lodged a complaint with the authorities under the Act of 2014 alleging that the applicant is engaged in the business of money lending, although he does not possess licence for the same. The allegation in the complaint is that the applicant indulges in money lending transaction and obtains sale deeds of immovable properties towards the security of the loan amount. These sale deeds are shame/fictitious documents executed with an understanding that they are prepared for securing the loan amount and once the loan is repaid along with interest, the properties would be reconveyed either to the borrowers or to their family members. The complaint by Eknath Vasantrao Takne resulted in initiation of an enquiry against the applicant. The Assistant Registrar of Co-operative Societies, Tuljapur submitted a report dtd. 3/8/2017 to the District Deputy Registrar of Co-operative Societies, Osmanabad with respect to money lending transactions allegedly entered into by the applicant. Based on the enquiry report, the District Deputy Registrar directed the Assistant Registrar to lodge F.I.R. against the applicant for the offence punishable under Sec. 39 of the Act of 2014. The Assistant Registrar in turn authorized respondent No.2 Shri. Prasad Ravindra Kulkarni, Officer of Co-operative Societies Class-I to lodge complaint against the applicant, in order to initiate the criminal prosecution against him. Accordingly, respondent No.2 has lodged FIR against the applicant on 18/8/2022. The FIR refers to investigation conducted by the Officers under the Money Lending Act on the complaint made by Shri. Eknath Takne and sale transactions which were found, wherein initial properties were purchased by the applicant and thereafter the same were reconveyed to person from whom the same were purchased or his family members.