AJIT SHIRISH KORDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Writ Petitions are filed for seeking appropriate directions for quashing and setting aside the impugned First Information Report (for short "FIR") in connection with Crime No.262/2015 registered with Police Station Ranapratap Nagar, Nagpur for the offence punishable under Ss. 420, 403, 406, 418, 425, 427 read with Sec. 34 of the Indian Penal Code (for short "IPC").

(2.) The Petitioners in Writ Petition No. 609/2015 are the Senior Bank Officials of Bank of India, Nagpur, whereas the Petitioners in Writ Petition No. 631/2015 are the officials of BGR Energy Systems Limited. During pendency of these Writ Petitions the Petitioner No.1 in Writ Petition No. 609/2015 who at the relevant time was Zonal Manager of Bank of India is reported to be dead. Petitioner No.2 was posted as a Senior Manager of Bank of India, Pratapnagar Branch Nagpur. The Respondent No.2/Yogesh Dnyaneshwar Nagpure is the partner of "Aaradhya Infotech Pvt. Ltd." was engaged in the business of supplying of construction material under the name and style as "M/s. Aradhya Engineers and Constructions, Nagpur" since 2011. Subsequently the said partnership firm converted into company as "Aradhya Infratech Pvt. Ltd."

(3.) Said Yogesh Nagpure lodged a report against the Petitioners by approaching to Pratapnagar Police Station alleging that his firm received a civil work in relation to power plant of Chandrapur for CW Channel, forebay, pump house and ESP control room building. From the BGR Energy Systems Limited, the firm of the Complainant received service orders by the said BGR Energy Systems Limited for two contracts. As per the terms of the contract, the Complainant was required to furnish bank guarantees to the extent of 10% of the contract value. For carrying out the aforesaid construction four bank guarantees were executed and furnish to BGR Energy Systems Limited, for an amount of Rs.81,37,822.00. The Complainant has obtained financial assistance from Bank Of India by mortgaging his fathers property. Thus, for execution of the Service Orders issued by BGR Energy Systems Limited, in the year 2011 and the actual construction work was as per the contention of the Complainant belated for want of copies of map.