VIJAYKUMAR DWARKADAS SHARMA Vs. DAMODAR RAMKRUSHNADAS KOWALE

JUDGEMENT

(1.) By the present application, the applicant has put to challenge the FIR No. 3026/2006 for an offence punishable under of the Bombay Money Lenders Act, registered with Police Station Police Station, Hiwarkhed, Tq. Telhara.

(2.) In support of the application, Mr. Mohta, leaned counsel for the applicant, invited our attention to the judgment and order in Writ Petition No.3796/2006 decided on 13.10.2006 by learned Single Judge of this Court. The said application was filed by applicantVijay Sharma and in the said judgment, it was held that action under section 13B of the Bombay Money Lenders Act was not warranted and was, therefore, set aside. He submitted that the FIR is in respect of the same cause of action about the alleged money lending without license. He submitted that the said judgment has become final and conclusive between the parties and as such no offence was made out.

(3.) Per contra, the learned A.P.P. invited our attention to the reply filed by non applicant no.4 to this application and submitted that offence under Section 35A and B was made out against the applicant and, therefore, offence was registered. She, therefore, submitted that the application deserves to be dismissed.