RAMLING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. S.J. Salunke, Counsel for the accused/applicants. Original complainant, inspite of service, absent.

(2.) Complainant approached the Assistant Registrar, Cooperative Societies, Kallamb, against the present applicants (original accused) canvassing that the applicants are indulging in unauthorized money lending business. According to complainant Shivaji, in pursuance to a loan a sale deed dt. 13.11.2000 for Rs. 30,000/- was per force got from him by Ramling, applicant No. 1 in the name of his wife. It was based on such application and having recorded statement of the attesting witness to the document, the learned Assistant Registrar felt that the sale deed is camouflage and attracts infraction of Section 32B of the Bombay Money Lenders Act, 1946 and, resultantly, he approached Police at Shiradhon on 9th of June, 2008, giving rise to FIR vide Crime No. 29/2008. It is this FIR, which is subject of present proceedings, taking recourse to Section 482 of Cr.P.C.

(3.) Based on sale deed, the purchaser Shardabai was put in possession. There was mutation in the revenue record. The mutation is not challenged at any stage by complainant. It was after 7.12.2006, said Shivaji, with his hirelings, started obstructing peaceful enjoyment of Shardabai/Ramling. RCS No. 55/2007 came to be initiated before the learned Civil Judge, Junior Division, Kallamb, wherein the plaintiff Shardabai is bestowed and armed with injunction as recorded by the learned Judge, dt. 6.10.2007. The Counsel informs, said order is not varied or challenged in the competent court. The said proceedings are still pending.