SACHIN SURESH CHINTAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant herein is an Architect by profession and had issued the valuation report of the property to Accused Nos.1 and 2. The same was used by them to obtain a Bank Loan. The Bank Officer lodged a complaint alleging that the property is not available at the spot of which the valuation report was submitted to the bank. According to the applicant, the allegations are false and baseless and on the basis of sufficient document filed on record, it is clear that the property as on date stands on the same plot and, therefore, seeks the quashment of the Regular Criminal Case No.37/2024 pending before the learned Judicial Magistrate, First Class, Saoli arising out of Chargesheet No.37/2024 for the offence punishable under Ss. 420, 406, 465, 467, 468, 471 r/w 34 of the Indian Penal Code.

(2.) In the present case, the Manager of the complainant- Bank lodged a police complaint against three accused persons namely, M/s. Pranjali Traders through its Proprietor, Sau. Sangeeta Rainchwar and Rajesh Vasantrao Rainchwar and the present applicant namely, Sachin Chintawar.

(3.) It is alleged that the accused namely, Rajesh and Sangeeta approached to the bank for grant of loan of Rs.75,00,000.00 for business purpose. At that time, the Branch Manager advised them to submit the necessary documents which will be considered for advancing loan to them. On 17/3/2016, they submitted the relevant documents including the 7/12 extract pertaining to the property bearing House No.373/2/A along with that submitted 7/12 extract, valuation report and the documents duly signed by the guarantor and other relevant documents. After receipt of these documents, the bank conducted the spot verification of the said plot and on the basis of the spot verification, a detailed proposal was forwarded to the Head Office and the Head Office after verifying the entire documents approved the loan to the extent of Rs.75,00,000.00 and further executed the registered mortgaged-deed and the charge was created on the property in the revenue record.