Dismissed

Rajesh Hasmukhbhai Shah and Ors. v. the State of Maharashtra and Anr.

Bombay HC18 Dec 2019APL/253/2019

Case brief

AI extract

What is this about?

The High Court disposed of an application to quash an FIR alleging cheating. The applicants claimed an amicable settlement with one respondent was achieved, but the prosecution alleged other victims remained out of the money. The court kept defences open and dismissed the application.

What did the court decide?

Application to quash FIR was dismissed. Case disposed of with no costs.

Rajesh Hasmukhbhai Shah and Ors. Vs the State of Maharashtra… — Quashing and FIR | Bombay HC (2019)

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1 (19)Apl-253-19.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.253 OF 2019

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Rajesh Hasmukhbhai Shah & Ors.	] ..	Applicants
vs.
The State of Maharashtra & Anr.	] ..	Respondents

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Mr.Shivamsingh Deshmukh, for the Petitioners. Mr.Siddharth Jaiswal i/b Aarti Deshmukh, for Respondent No.2. Mr.K.V. Saste, APP for the State.

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CORAM : B. P. DHARMADHIKARI & N.R.BORKAR, JJ.

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DATE : 18TH DECEMBER 2019.

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P.C.:

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1] Applicants are present with their Advocate. They claim that they have paid amount of Rs.16 Lakhs back to respondent No.2-Bharat Vanmalibhai Modiya and dispute between them is amicably settled. Respondent no.2 is not present, however, his counsel accepts statement.

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2] Prayer is made to quash and set aside the FIR bearing No.225 of 2017 dated 9^th July, 2017.

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3] Learned APP points out that the said FIR is under Section 406, 420, 506 r/w 34 of the Indian Penal Code. He further states upon instructions from the Investigating Officer Mr.Kane that during investigation it has become clear that six more persons have been similarly cheated and their amount totaling to Rs.67,75,000/- is still to be recovered. The applicants disputed this position. According to them, those six persons have not paid a single paisa to the applicants.

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4] In such situation, merely because matter is settled between Respondent No.2 and Applicants, the relief as prayed for cannot be granted.

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5] We keep all defences available to applicants open and dispose of the present application. No costs.

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[ N.R.BORKAR, J. ]

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[ B.P. DHARMADHIKARI, J. ]

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Rajesh Hasmukhbhai Shah and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Rajesh Hasmukhbhai Shah and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Coram

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