Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C.No.962/PW/2018
Received on : 02/04/2018
Registered on : 02/04/2018
Decided on : 22/09/2022
Duration : 04 Y. 05 M. 20 D.
Exh. :
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
44TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY A. I. SHAIKH)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
C.N.R NO.MHMM190042942018
(a) The serial No. of the case; : C.C.No.962/PW/2018
(b) The date of commission of
the offence;
: 09/12/2010
(c) The name of the
complainant
(if any);
: The State (Amboli Police Station
in C. R. No. 153/2015).
(d) The name of the accused
person and his parentage
and residence;
: 1] Shweta Shivdas Shirsekar
@ Manjrekar
Age 33 Years,
Occupation Nil,
R/o.2/2, Kakichi Chawl,
Bandrekar Wadi,
Jogeshwari (E), Mumbai.
2] Shivdas Yashwant
Shirsekar,
(Absconding)
(e) The offence complained of
or proved ;
: Under Section 420, 467, 468,
471, 34 of the Indian Penal
-- 1 of 7 --
2 C.C.No.962/PW/2018
Code.
(f) The plea of the accused and
his examination (if any);
: The accused pleaded not guilty.
(g) The final order; : The accused no.1 is acquitted.
(h) The date of such order; : 22/09/2022
Ms. Seema Mokal, Ld. APP for the State.
Mr.Harish Shetty, Advocate for accused .
J U D G M E N T
( Delivered on 22nd September, 2022 )
The accused no.1 is prosecuted for the offences punishable
under Sections 420, 467, 468, 471,34 of the Indian Penal Code.
2. In brief, it is the case of the prosecution is that on
27.01.2015 API Jadhav from Juhu police station had called informant
and asked about whether accused Shivdas Shirsekar had taken the loan
from their bank. During the investigation police found accused had
taken loan from different banks on same flat. Therefore, informant
came to know that the accused also taken the loan from their bank also.
She narrated the same to her officers and lodged complaint against the
accused.
3. On the basis of the report given by the informant, crime
No. 153/2015 came to be registered against the accused. I.O. arrested
the accused. During further investigation I.O. recorded statement of
witnesses and after completion of investigation, I.O. filed chargesheet.
4. My learned predecessor framed charge against the accused
-- 2 of 7 --
3 C.C.No.962/PW/2018
no.1 for the above mentioned offences. The accused pleaded not guilty
and claimed to be tried. The prosecution has examined only two
witnesses. Statement of accused under Section 313 of Cr.P.C. came to
be recorded. The defence of the accused is that of total denial.
5. The points for determination alongwith my findings
thereon as under :
SR.
NO.
POINTS FINDINGS
1 Does the prosecution prove that accused
no.1 alongwith absconding accused no.2
cheated the bank by dishonestly inducing
forged documents and submit to the bank
and sanctioned loan amount?
In the negative
2 Does the prosecution prove that accused
no.1 alongwith absconding accused no.2
forged certain documents purported to be
valuable security?
In the negative
3 Does the prosecution prove that accused
no.1 alongwith absconding accused no.2
making forged documents, used for the
purpose of cheating and obtain loan
sanctioned?
In the negative
4 Does the prosecution prove that accused
no.1 alongwith absconding accused no.2
fraudulently used the name and forged
document which you knew at that time
when used to be a forged document?
In the negative
5 What order ? The accused
no.1 is
acquitted.
-- 3 of 7 --
4 C.C.No.962/PW/2018
REASONS
AS TO POINT NOS. 1 to 4:
6. These points are interconnected with each other, therefore,
they are taken up together for consideration and determination.
7. Nandini Bhaskar Bagav (P.W.1) deposes at Exh. P04 that
from 13/10/2014 to further nine months she was working as a Chief
Manager of Alhabad Bank, Jogeshwari (W) Branch. She received phone
call from police station Juhu on 27/01/2015. Police officer told her
they have arrested person namely Shivdas Shirsekar in the crime of
Union Bank about cheating. Police officer told her to lodge FIR against
him as he has taken loan from their bank. She had taken permission
from her authority for lodging FIR. Their bank has verified the
documents submitted by the Shivdas Shirsekar in the year 2012. He
has taken loan from their bank for Rs.26,80,000/ against mortgaged of
Flat no.501, Gaurav Residence, Mira Road. His account was Non
Performing Assets as he has not paid his installment and the cheques
were given by him are bounced. Their bank has issued letters to him but
they are returned as he was not found. On 03/07/2012 accused account
was NPA. Thereafter, their bank has sent him a notice under Sarfaesi
Act but the said notice was also not served on accused.
8. In the month of September, 2012 bank has affixed
possession notice on the door of the flat and also published the said
notice. Thereafter, bank has visited the flat no.501. Accused wife was
found there. She told that her husband had gone to village. Thereafter,
bank has found the accused Shivdas Shirsekar has cheated the bank. he
also taken loan from Union Bank on the same flat. Bank has initiate
-- 4 of 7 --
5 C.C.No.962/PW/2018
suit in DRT. Thereafter, bank has get order from DRT about to get
possession of said flat. When their officer went for possession, their
bank has found that the said flat was already sold by Chembur Nagarik
Sahakari Bank to the person Pankaj Pokharna. Therefore on the request
of police officer she lodged FIR against the accused (Exh.4). she also
filed documents to the police station while lodging complaint. She has
filed the same documents documents included Loan sanctioned letter
dt.09/12/2010,Letter of mortgaged signed by accused Shivdas
Shirsekar, Demand letter issued by our bank dt.11/02/2012, Our bank
has issued letter to Union Bank, Goregaon Branch for information about
the loan of Shivdas Shirsekar, The letter issued by Union Bank about
the information of the loan of Rs.26 lacs of Shivdas Shirsekar, Letter of
Vanrai police station asking documents of loan of Shivdas Shirsekar,
Title verification letter dt.22/02/2012, the copy of agreement to sale
dt.27/10/2010 collectively exhibited (Exh.5). Police had recorded my
statement (Exh.6).
9. During her evidence she admitted that in the present case
when the loan was applied and sanctioned in the year 2010 at the
relevant time I was not attached to the Jogeshwari Branch. The
agreement executed about the flat no.501 is in the name of Shivdas
Shirsekar. She also admitted that Mortgaged DeedcumDepositing
Title has signed by accused Shivdas Shirsekar. She stated that the 24
cheques were given by the accused Shivdas Shirsekar of State Bank of
Hyderabad, Malad Branch. She denied that there are many cases are
filed against the accused Shivdas Shirsekar about loan. She admitted
that she filed this complaint on the say of police officer of Juhu police
station. She denied that she had filed false FIR against the accused
Shweta.
-- 5 of 7 --
6 C.C.No.962/PW/2018
10. Gajanan Rajaram Sargar (P.W.2) deposes at Exh.7 that in
the present crime API Amar Patil has done entire investigation. He had
filed only chargesheet in the present case. Accused have cheated on
three banks.
11. During his crossexamination he deposed that the loan
from Union Bank and Chembur Sahakari Bank was taken by accused
Shivdas Shirsekar. He further deposed that there are offence registered
against the accused Shivdas Shirsekar in various police station. He
denied that he had filed false chargesheet against the accused Sweta
Shirsekar and she has no concerned with the present crime.
12. I have gone through the record. Though sufficient
opportunity were given to the prosecution, they failed to examine other
material witnesses. The case is more than 4 years old. The prosecution
failed to produce any concrete and reliable evidence against the accused
no.1 and also failed to adduce any evidence to prove the case of
prosecution. Hence, I hold that the prosecution failed to prove guilt of
the accused. Hence, I answer Point Nos. 1 to 4 in the negative.
AS TO POINT NO.5:
13. The prosecution failed to prove guilt of the accused no.1.
Therefore, the accused is liable to be acquitted. In the result, in answer
to Point No.5, I pass the following order.
ORDER
1 The accused no.1 Shweta Shivdas Shirsekar @ Manjrekar is
acquitted of the offences punishable under Sections 420, 467,
-- 6 of 7 --
7 C.C.No.962/PW/2018
468, 471,34 of the Indian Penal Code. vide Section 248 (1) of
the Code of Criminal Procedure.
2 Bail bond of the accused stand cancelled.
3 The accused to execute P.R. Bond of Rs.15,000/ (Rupees
Fifteen Thousand Only) vide Section 437–A of the Code of
Criminal Procedure for appearance before the higher court, if
said court issues notice to her for her appearance.
4] Police to file separate chargesheet against absconding accused
No.2 Shivdas Shirsekar as and when he is traced out.
The Judgment is transcribed directly on the computer and
pronounced in open Court.
(A. I. Shaikh)
Date : 22.09.2022 Metropolitan Magistrate,
44th Court, Andheri, Mumbai.
spj
Typed on : 22.09.2022
Signed on : 22.09.2022
-- 7 of 7 --