SUNIL MANAKCHAND KOTECHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard both the sides finally at the admission stage.

(2.) Petitioners are seeking quashment of first information report CR No. 247/2020, consequential charge sheet and R.C.C. No. 985 of 2021 pending before the Chief Judicial Magistrate, Jalgaon for the offences punishable U/Sec. 420, 465, 466, 467, 468, 469, 470 and 471 r/w Sec. 34 of the Indian Penal Code. During the pendency of the petition, petitioner No. 2 died, hence petition as against him stands abated.

(3.) Respondent No. 2 lodged report with Ramanand Nagar Police Station, Jalgaon on 25/6/2020 against the petitioners stating that in the year 2008 petitioners and the informant being directors of Sidharth Construction and Mahaveer Civil Engineering and Services Pvt. Ltd. entered into joint venture. Accordingly agreement of joint venture was executed on 20/3/2009. It was for executing work of installation of sub station at Nandura, Dist. Buldhana, known as Jigaon Project. On 19/4/2019 escrow account and current account were opened with Jalgaon Peoples Co-operative Bank in the name of the joint venture. Informant was delegated all powers of transaction and operation of the bank accounts by authority letter dtd. 8/4/2019. Accordingly informant was operating the bank accounts. It is alleged that petitioner No. 2 resigned from directorship of Sidharth Infra Tech Pvt. Ltd on 16/7/2018. The resignation was accepted.