LIONLENDER FINANCE PVT. LTD. Vs. STATE

JUDGEMENT

(1.) Heard. Rule. Heard finally by consent of learned counsel appearing for parties.

(2.) By this writ petition, the petitioner has challenged order dtd. 18/12/2024 passed by the State Police Complaints Authority, Maharashtra State, Mumbai (SPCA) in SPCA/Complaint Case No.164/2024.

(3.) It is contention of the petitioner that the petitioner is "A Non-Banking Financial Company (NBFC)" which granted loan of Rs.25.00 lacs to "M/s.G.B.Enterprises" through Prop. Mrs.Neeta M.Dawda and other three coaccused by sanction letter dtd. 5/6/2023 for business purpose on the basis of Income Tax Returns and Balance Sheet signed by the co-accused. On due execution of documents, loan was sanctioned on 7/6/2023. However, said debtors hatched conspiracy and fraudulently induced complainant to sanction business loan of Rs.25.00 lacs by misrepresenting financial credibility of "M/s.G.B.Enterprises" showing annual turn over of Rs.5.00 crores, assets at Rs.44.00 lacs falsely and Balance Sheets are also prepared accordingly. As per contentions of the petitioner, Director of the said company and the company are the willful defaulters and not paid installments as agreed. It was willful default which is recognized as an offence in view of RBI's Master Circular on Willful Default. Moreover, the company and Directors have diverted loan amount for other purposes without knowledge of the petitioner and thus they committed the offence of criminal breach of trust, misappropriation of money, and cheating in collusion with each other. Cheques issued against monthly installments were also dishonoured and, therefore, the petitioner approached the Lakadganj Police Station, Nagpur and the Economic Offence Wing on 1/10/2024. However, the grievance of the petitioner was not taken into consideration although the said complaint disclosed commission of cognizable offence and the same was not registered. It was further reported to the petitioner by the concerned police officers that the subject-matter of the complaint lodged by the petitioner is of a civil nature and, therefore, the petitioner approached the SPCA for taking an appropriate action against the concerned police officers and was requested to direct the concerned police officers to registered the offence.