JAIDEEP PRADEEP ZAVERI Vs. STATE OF MAHARASHTRA THROUGH OFFICE OF GOVT PUBLIC PROSECUTOR, CRIMINAL APPELLATE SIDE, HIGH COURT, P W D BUILDING, MUMBAI

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India read with Section 482 Criminal Procedure Code is preferred for quashing the FIR No. 86 of 2017 registered with the Koregaon Park Police Station under Sections 418 and 420 at the instance of the respondent, bank in terms of the order dated 12th April, 2017 passed under Section 156(3) Criminal Procedure Code by the Judicial Magistrate First Class, Court No. 3, Pune.

(2.) It is the complainant's case that, in January, 2012 the petitioner-accused with malafide intention to cheat the bank, approached the complainant bank at Dubai, UAE and represented that he is an Indian citizen and further promised and agreed that, in case, if loan facility is extended by way of credit card, he would repay the cash availed or withdrawn. The complainant, believing his bonafides and being induced by the confidence gained by the accused, issued him a credit card and extended the loan facility against the personal Loan Account No. 20266255. Later, the bank came to know that, in order to avoid the repayment of loan and to avoid the consequent legal action in UAE, the petitioner, accused absconded from UAE and fled to India. It is the complainant's case that, they could locate his whereabouts through his passport and other documents and came to know that, the petitioner accused fled to India. It is the complainant's case that, accused did not have intention from the very beginning to repay the loan amount and he made a false promise and misrepresentation whereby he induced the bank to part with the money which caused a wrongful loss to the bank and wrongful gain to the petitioner.

(3.) The complainant, thus filed Criminal Misc. Application No. 1432 of 2017 in the Court of Judicial Magistrate First Class, Court-3, Pune and sought directions to the police to register the offence against the petitioner.