PAWANKUMAR MADAN GOPAL GARG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition is filed by the accused for quashing the Criminal Case No. 944/p/92 pending in the Court of Additional Chief Metropolitan Magistrate's 4th Court at Girgaum, Bombay for offences under Sections 420, 465, 468 and 471 of IPC.

(2.) THE petitioner had taken loan from Shramik Sahakari Bank Ltd. in the year 1989. THEre was failure on the part of the petitioner to repay that loan and, therefore, the Bank had filed dispute before the Cooperative Court on 28-9-1990 for the recovery of the loan amount from the petitioner. THE present prosecution was lodged on the basis of the FIR filed by the Bank officials on 9-8-1990 on which cognizance was taken and ultimately charge-sheet came to be filed. After the charge-sheet was filed the petitioner made an application dated 28th September 1992 before the Addl. Chief Metropolitan Magistrate's 4th Court, Girgaum, Bombay for discharge on the ground that no offence has been made out against the petitioner. THE said application was made under Section 239 of the Cr. P. C. THE said application was dismissed by the learned Magistrate by passing the following order : " No original documents are proved. It is stated by the learned A. P. P. Shri Patil. However without going into the merits of the case I think that there is sufficient material to prove the charges against the accused. Hence this application is rejected. "

(3.) IN the result the petition is dismissed. Rule is discharged. INterim stay granted by this Court on 19-10-1992 is vacated. IN view of the delay of the proceedings due to the pendency of this petition and operation of the stay, the trial is expedited. Petition dismissed.-- .