NIKHIL MOHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition, invoking the writ jurisdiction of this Court under Article 227 of the Constitution of India and inherent powers of this Court under section 482 of Cr. P.C., is filed by the petitioner-son against the respondent no.2-father with prayer to quash and set aside the order of issuance of process and orders dated 1st January, 2016, 2nd February, 2017 and 8th June, 2017.

(2.) Rule. Rule made returnable forthwith. Notice is served on the other side. In view of the short issue involved in this Petition, it is decided at the stage of admission by consent of the parties.

(3.) Respondent No. 2 has filed a private complaint against the petitioner for the offences of criminal breach of trust and cheating under sections 406, 417, 418 and 420 of Indian Penal Code on the ground that the petitioner has borrowed time to time money from the respondent No. 2, i.e., total amount of Rs.29 lakhs from May 2004 till March 2009. The petitioner went to United States and money was spent on his education. He completed his education in the year 2009, however, though the petitioner promised to repay the money, he did not repay it till today. Along with the complaint the respondent No. 2/original complainant has filed the letter dated 27th June, 2008 written by the petitioner to respondent No. 2 wherein he has promised to repay the said amount of Rs.29 lakhs along with compounding interest @10.50%. The learned Magistrate, after going through the complaint and the documents, issued process under sections 406, 417, 418, 420 of Indian Penal Code. Hence, this Petition.