Judgment 9 wp719.26.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.719 OF 2026 Pravin Bhaskarrao Borkute, aged about 64 years, occupation business, r/o plot No.R-20, Laxmi Nagar, Nagpur. ….. Petitioner. :: V E R S U S :: 1. State of Maharashtra, through Police Station Officer, Seloo, PS Seloo, district Wardha. 2. Economic Offences Wing, through its Police Inspector, Office of Superintendent of Police, Wardha. 3. The Branch Manager, Kotak Mahindra Bank, Shankar Nagar Branch, Nagpur. ….. Respondents. =================================== Shri A.A.Mardikar, Counsel for the Petitioner. Mrs.S.S.Jachak, APP for Respondent No.1/State. =================================== CORAM : URMILA JOSHI-PHALKE & RAJ D.WAKODE, JJ. DATE : 24/09/2026 ORAL JUDGMENT : (Per : URMILA JOSHI-PHALKE) 1. Heard learned counsel Shri A.A.Mardikar for the petitioner and learned Additional Public Prosecutor Mrs.S.S.Jachak for .....1/- 2026:BHC-NAG:12828-DB Judgment 9 wp719.26.odt 2 respondent No.1/State. Rule. Rule is made returnable forthwith. Heard finally by consent. 2. By this petition, the petitioner seeks to quash and set aside communication impugned dated 2.9.2026 issued by respondent No.2 – Economic Offence Wing, Nagpur to respondent No.3 - The Branch Manager, Kotak Mahindra Bank, Shankar Nagar Branch, Nagpur freezing his bank account bearing No.1712301362. He also prays for de- freezing of the said bank account. 3. The petitioner is running “Sarvadnya Ginning and Pressing Infraventure Pvt. Ltd. Unit” and carrying on business of procuring cotton from farmers and converting the same into lint and selling it to traders/agents from last twelve years. The petitioner’ s company continued its regular business of purchasing cotton from farmers. The farmers were given option of receiving payment either in cash or by cheque, with bank rate being Rs.50/- per quintal higher than the bank rate. .....2/- Judgment 9 wp719.26.odt 3 Respondent No.3 supplied the cotton to the petitioner’ s ginning unit on 28.11.2025. Respondent No.3 further supplied the cotton to the petitioner’ s ginning unit. His total supply on the said dates was 37.65 quintals @ Rs.7450/- per quintal. Similarly, other farmers have also supplied the same cotton. However, the petitioner has not paid outstanding dues in respect of separate transaction involving approximately 1103.70 quintals of cotton valued at Rs.91,21,498/- and, therefore, respondent No.3 has lodged report with Seloo Police Station on the basis of which Crime No.634/2026 came to be registered against the petitioner under Section 316(5) and 318(4) the BNS and under Section 138 of the Negotiable Instruments Act. 4. The petitioner filed this petition for de-freezing the said bank account on the ground that now he is suffering from “Cancer” and he was advised to undergo 18 “Chemo-Therapy Cycles” from July 2026 and he has been undergoing said .....3/- Judgment 9 wp719.26.odt 4 “Chemo-Therapy Cycles” at intervals of approximately 21 days for the preceding one year. He has also undergone the By- pass Heart Surgery. It is submitted that as his bank account was freezed, he is unable to incur expenses and, therefore, he be permitted to use the said bank account. 5. Learned APP for the State, on instructions, submits that as far as investigating agency is concerned, it has no objection to de-freeze the said bank account only on condition that the petitioner shall secure amount of farmers in his bank account. She further submits that the petitioner is about to sell his immovable property and he will be getting handsome amount. If he is permitted to use the said bank account, he definitely would use all amounts and farmers will not receive their money. Thus, considering the same, some conditions be imposed on the petitioner. 6. Having heard learned counsel for parties and perused the record, it reveals that the petitioner is suffering from .....4/- Judgment 9 wp719.26.odt 5 “Cancer” and he has to undergo Chemotherapy. It is admitted by the petitioner that he is having immovable property and he has already intended to sell the said property and consideration amount Rs.6.98 crores is already fixed and amount Rs.50.00 lacs is already been agreed as an initial payment under the said transaction with the balance consideration payable at the time of execution of the sale deed. It is also submitted by learned counsel for the petitioner that the transaction of the sale deed would be completed within three months. 7. The petitioner has also filed an affidavit and paragraph Nos.5 to 9 are reproduced as under: “5. I state that for the aforesaid purpose, I have taken concrete steps for sale of my immovable property situated at Mouza Somalwada, kh no.51/ gh, 58/5, 58/1 gh of mouza Somalwada, city survey no.500/3 sheet no.678, ward no. 15, Nagpur, comprising Plot Nos. 1and 2 and more particularly described in the Agreement to Sell placed on record along with this .....5/- Judgment 9 wp719.26.odt 6 affidavit. The said transaction is not a mere proposal or an assurance for the future but has been reduced into writing by execution of an Agreement to Sell. The said sale deed would be executed, within a period of three months and on the date of sale deed I would be getting the remaining sale consideration. The Communication Of The Same Was Already Made To Seloo Police Station Vide Email Which Is Filed On Record Along With Petition. 6. I state that under the said Agreement to Sell, the property has been agreed to be sold for a total consideration of approximately Rs.6.98 Crores, subject to final measurement and the terms and condition stipulated in the Agreement. An amount of Rs.50,00,000/- has already been agreed/recorded as the initial payment under the said transaction, with the balance consideration payable at the time of execution of the Sale Deed. A copy of the Agreement to Sell is annexed herewith and marked as ANNEXURE-AA. 7. I state that the very fact that I have undertaken to alienate valuable immovable property purchased by me in the year 2020, demonstrates my genuine and bona lide intention to arrange suficient funds, .....6/- Judgment 9 wp719.26.odt 7 notwithstanding my own serious medical requirements, for clearing the outstanding dues of the farmers. 8. I state and undertake before this Hon' ble Court that immediately upon receipt of the sale consideration/balance sale consideration from the aforesaid transaction, after making provision for the expenses necessarily required for my continuing cancer treatment and statutory liabilities arising out ofthe transaction, I shall cause the amount required for payment of the legitimate outstanding dues of the concerned farmers to be transferred/deposited into the account of Pravin Borkute Infraventure Pvt. Ltd./the concerned company account, from which the payments shall thereafte be transferred to the respective bank accounts of the farmers. 9. I further under undertake that the amounts so brought into the company account for repayment of farmers shall be utilised for the said purpose and for medical treatment and ahsll not be diverted for any unrelated personal or business purpose until the legitimate outstanding dues of the concerned farmers are discharged.” .....7/- Judgment 9 wp719.26.odt 8 In paragraph No.13, he specifically undertook that de- freezing of the said bank account would facilitate the aforesaid process and he would maintain amount Rs.1.00 crore in the said bank account towards payment of various farmers while operating the said amount. 8. Considering the undertaking given by the petitioner, the petition deserves to be allowed by imposing certain conditions. Hence, we proceed to pass following order: ORDER (1) The writ petition is allowed. (2) The communication impugned dated 2.9.2026 issued by respondent No.2 – Economic Offence Wing, Nagpur to respondent No.3 - The Branch Manager, Kotak Mahindra Bank, Shankar Nagar Branch, Nagpur freezing the petitioner’ s bank account bearing No.1712301362 is hereby quashed and set aside on condition that the petitioner is permitted to use .....8/- Judgment 9 wp719.26.odt 9 the said bank account by maintaining amount Rs.1.00 crore in the said bank account towards dues of farmers after he received the amount against the sale deed in respect of the said property. (3) After completion of the said transaction, the petitioner shall file an affidavit of compliance before this court. (4) The petitioner is permitted to use the amount lying in his bank account. With these directions, the criminal writ petition stands disposed of. JUDGE JUDGE !! BrWankhede !! .....9/- Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 29/09/2026 11:12:39