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TMI Blog2020 (12) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... According to the complainant, the place of offence is said to be the office of the said CW4, who claims himself to be the bond writer. He is shown to have given his statement before the police, wherein he shown to have stated that, on the alleged date of incident, all the three petitioners/accused came to his office and the complainant was also there, where the accused are claimed to have received the loan amount from the complainant. He has stated that, for the said transaction as a bond writer, he was requested by the petitioners to prepare documentation in the form of two promissory notes. As such, when the Investigating Officer is said to have collected certain materials to proceed against all the three accused in the charge sheets ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount said to have been involved in commission of the Crime. 3. The summary of the charge sheets are that, the present respondent No.2 (complainant) and the present petitioners/accused Nos. 1 to 3 are known to each other. At the request of the petitioner Sri. Kiran @ Kirankumar, respondent No.2/complainant gave him a hand loan of ₹ 4,00,000/- on 04.04.2012 and another sum of ₹ 9,00,000/- on dt.10.01.2013, however, the loan was availed for the family necessities of the loanee and in the presence of the remaining accused (petitioners). With respect to the loan transaction of dt.10.01.2013, the sister of the said Kirankumar, namely, Savitri, D/o. Sadashiva Dodamani, had executed a promissory note for a sum of ₹ 4,50,000/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccount with them, however, after the death of said Sadashiv Dodamani, these petitioners are said to have misused the cheques representing that the said cheques belong to the account of Kiran @ Kirankumar and those cheques were issued to the 2nd respondent herein by the present petitioners. It was also revealed to the respondent No.2 complainant that, even the promissory note shown to have been executed by Savitri, D/o. Sadashiv Dodamani, was also not executed by her, but it was executed by Smt.Kasturibai, W/o. Sadashiv Dodamani. Thus, all the three petitioners i.e., accused Nos. 1 to 3, with their common intention only to deceive, fraud and cheat the complainant, are said to have used the cheques issued to the deceased Sadashiv Dodama ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at, the charge sheet is bereft of any material, prima facie showing any offences against the present petitioners. Admittedly, the alleged offence, if at all could be made out, is offence under Section 138 of N.I. Act, but not alleged offences under the IPC. As such, the charge sheets deserve to be quashed. 8. Learned HCGP as well as learned counsel for respondent No.2 in their arguments submitted that, the charge sheets very clearly mention that the cheques issued in favour of the complainant were not the cheques belonging to any of the present petitioners, but they were belonging to the deceased Sadashiv Dodamani, the father of the accused Kiran @ Kirankumar and Savitri and husband of the petitioner Smt. Kasturibai. The present petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y have executed the said documents in favour of the complainant. The said witness is alleged to have stated that, subsequently he came to know that, after the dishonour of the cheque issued in favour of the complainant, it was revealed that, all the three accused joining hands and with their common intention, have deceived the complainant by misusing the cheques belonging to their family member Sadashiv Dodamani. The said statement of CW4 cannot be out-rightly discarded at this stage. He claims himself to be the one who is said to have prepared the promissory notes at the request of the petitioners. It is himself, who has stated that the promissory notes were handed over to the complainant by the petitioners stating that they have been e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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