TUSHAR VASANT CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application filed by the applicant under section 439 of Criminal Procedure Code seeking bail in crime bearing CR No. 103/09 registered with Roha police station under sections 420, 467, 468 read with section 34 of IPC.

(2.) FACTS giving rise to the registration of the crime are briefly stated here in below: The present applicant was working as branch manager of M/s. Shriram Transport Finance Company Limited. While working as such at Roha branch of the finance company a borrower approached him and represented the applicant that his name is Gufran Alam Jaffernaeem Sayyed. He was introduced to the branch manager by one Pramod Balku Patil resident of Angaon, Taluka Bhiwandi. Pramod Patil who introduced the borrower has witnessed all the documents. The borrower had executed all the documents in the name of the complainant. However the photograph was that of Irfan Khan Zamir Khan who happens to be brother-in-law of the brother of the complainant. On the said representation on execution of loan documents the finance company advanced a sum of Rs. 5,50,000/- as and by way of loan for purchase of a second hand tempo. As the borrower defaulted in repayment of the amount the advocate of the company issued notice calling upon the complainant to repay the amount. The complainant approached the finance company so also the concerned advocate and informed them that at no point of time he had borrowed any loan from the company and as such there was no question of repayment of loan amount. The advocate of the finance company supplied xerox copies of the documents to the complainant and from the said documents the complainant suspected that Irfan Khan Zamir Khan brother-in-law of his brother has cheated the complainant so also the finance company by preparing forged documents and by misrepresentation.