VIDYADHAR PRABHAKAR SARFARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a Writ Petition for quashing of the FIR lodged vide C.R. No.98 of 2020 at Bhosari Police Station and the consequent charge-sheet arising out of the same.

(2.) While issuing notice to the Respondent No.2 ' Complainant, this Court vide the order dtd. 3/7/2023, had observed, that the matter shall be taken up for final disposal at at the admission stage, particularly having regard to the Civil Suit initiated by the informant for recovery of the amount of Rs.53,11,652.00 (Rupees Fifty Three Lakh Eleven Thousand Six Hundred Fifty Two) being Special Civil Suit No.1161 of 2018. Pursuant to the said order, the learned counsel for the Respondent No.2 is present before the Court. We have, therefore, heard the parties for finally deciding this Writ Petition.

(3.) The FIR is lodged by the Respondent No.2 on 22/2/2020. She has stated, that she was a cancer consultant and at the time of registration of the FIR, was working as consultant/surgeon with Rubi Hall Clinic. Since 2003, she was attached with Sant Dnyaneshwar Hospital Private Limited and Sant Dnyaneshwar Medical Foundation, Heera Plaza, Pune-Nashik Road, as surgeon and consultant. It was a multi-speciality hospital. The FIR mentions that the present Petitioners were connected with M/s.Accord Private Limited and they were managing the hospital at the time of lodging the F.I.R. It is mentioned in the F.I.R., that the Petitioner"Vidyadhar was the president and director, Anjali was the secretary and the Petitioner Deepali was the treasurer of the Medical Foundation and director of Accord Mediplus. The informant was treating the patients of the said hospital for cancer and breast related ailments. Initially, she used to get her dues on time in respect of the bills submitted by her. After some time, there used to be some delay in getting the payment. She discussed this fact with the Board of Directors. She came to know that the said institute was in financial difficulty and therefore, the payments were not made regularly.