26-REVN-348-2024 (CR).doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 348 OF 2024 M/s City Scaffoldings ...Applicant/s VERSUS Devireddy Sreelatha And Ors ...Respondent/s _________________________________________________________________ Ms. Pooja Khandekar a/w Mr. Devidas Bhagat i/b Hulyalkar & Associates, Advocate for Applicant. Mr. S.S.Pednekar, APP for Respondent-State. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 30th SEPTEMBER, 2026. P.C. : 1. The challenge in this application is to the impugned order passed by the learned Additional Sessions Judge, Pune, whereby the Criminal Revision Application of the respondent was allowed and Issue Process Order passed by learned Judicial Magistrate First Class (J.M.F.C) against Directors (Respondent Nos. 1 to 5) of accused No.2 and respondent Nos. 6 and 7 was set aside. 2. It is contention of learned counsel for the applicant that the applicant is a proprietary firm in the business of scaffolding on hire and rental basis. The applicant company had rented material to respondent Nos. 6 and 7 of Jacob Infrastructure Pvt. Ltd. They have not challenged the issue process order passed against them. Learned counsel further SONALI SATISH KILAJE Digitally signed by SONALI SATISH KILAJE Date: 2026.10.06 15:01:07 +0530 26-REVN-348-2024 (CR).doc S.S.Kilaje submitted that the applicant persuaded respondent Nos. 6 and 7 to pay the rent. Respondent No.6 and 7 informed the applicant that scaffolding material was given to respondent Nos. 1 to 5 who are builders. There was an agreement between the respondent Nos. 6 to 7 and respondent Nos. 1 to 5. The applicant approached the respondent Nos. 1 to 5 to pay the rent. In response to which, a meeting was held between all the parties. Respondent Nos. 1 to 5 assured the applicant of payment of rent for the use of material and return of the said material to the applicant. The minutes of said meeting are on record. Learned counsel further submitted that respondent Nos. 1 to 5 had already terminated the agreement with respondent Nos. 6 and 7 and applicant came to know about it later on when the applicant approached respondent Nos. 1 to 5 for the payment of rent and return of scaffolding material but they started refusing the same. The learned J.M.F.C. had passed issue process order against respondent Nos. 1 to 5, which was valid but learned Sessions Judge has quashed and set it aside, which is erroneous. Learned counsel further submitted that the emails exchanged between respondent Nos. 6 to respondent Nos. 1 to 5 clearly shows that the scaffolding material provided to respondent Nos. 1 to 5 belonged to the applicant. In spite of that, respondent Nos. 1 to 5 disposed it off, which amounts to cheating. Learned counsel further submitted that the learned J.M.F.C. called report of police under Section 26-REVN-348-2024 (CR).doc S.S.Kilaje 202 of Cr.P.C. and from the said report, it clearly reveals commission of offence by all respondents and requested to allow the application. 3. Though respondents are served, none present for respondents. Hence, I am deciding this application on merit. 4. Learned APP submits that appropriate order be passed. 5. I have heard all learned counsel. Perused impugned order. While allowing the revision application filed by respondent nos. 1 to 5, learned Sessions Judge has observed that dispute between the parties appears to be a civil dispute and no case is made out under Section 420 and 406 of Indian Penal Code. It appears from record that applicant had given the scaffolding material to respondent Nos. 6 and 7 of Jacob Infrastructure Pvt. Ltd. on rental basis. Jacob Nixon Giddam further gave the said scaffolding material to respondent Nos. 1 to 5 on rent. The agreement in that regard is produced on record. When respondent Nos. 6 and 7 were not paying rent to the applicant, the applicant approached them for payment of the said rent amount. Respondent Nos. 6 and 7 informed the applicant that they had given the said material to respondent Nos. 1 and 5. When the applicant approached them, they gave an assurance of payment of rent and return of scaffolding material after work is over and executed minutes of the said meeting. The minutes of meeting are produced on record. The respondent Nos. 1 to 5 had terminated the 26-REVN-348-2024 (CR).doc S.S.Kilaje agreement with Jacob Infrastructure Pvt. Ltd. (Respondent Nos. 6 and 7). When the applicant approached respondent Nos. 1 to 5 again for payment of rent, they refused to pay the rent as well as disposed off the scaffolding material of the applicant. It prima facie shows the commission of offence as alleged in the complaint by the applicant. The acts of the respondent Nos. 1 to 5 amount to criminal liability as they disposed off the scaffolding material of the applicant without their permission and did not pay rent towards the use of scaffolding material. The learned J.M.F.C. had passed issue process order which was legal and valid but learned Sessions Judge has not considered these facts. In view of above, I pass following order. ORDER (i) The Revision Application is allowed and disposed of. (ii) The impugned order dated 10.02.2023 passed by learned Additional Sessions Judge, Pune, is quashed and set aside. (iii) The matter be tried against the respondent Nos. 1 to 5 as per order of learned Judicial Magistrate First Class, Pune. (iv) All pending applications, if any, also disposed of. (SHIVKUMAR DIGE, J.)