1 917 APL 1037.22 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION [APL] NO.1037 OF 2022 1. Prashant s/o Dinkar Jadhav, Age 43 years, Occ : Service, R/o. Ram Mukut Apartment, Gangotri Colony, Sai Nagar, Amravati. 2. Anil s/o Shrikushan Akhare, Age 49 years, Occ : Service, R/o. Gayatri Steel Bhandar, C/o. Sunil Loybar, Mahatma Gandhi Market, Navi Vasti, Badnera, Amravati. 3. Ankush s/o Arun Bhokare, Age 28 years, Occ : Service, R/o.Ward No.3, Simbhora, Post-Pardhi, Morshi, Amravati. .. Applicants ..Versus.. 1. State of Maharashtra, Through P.S.O., P.S. Frezapura, Dist. Amravati. 2. Shubham s/o Dilip Donti, Age : Major, Occ : --------- R/o. Gurukrupa Colony, Camp, Amravati, Amravati. .. Non-Applicants ……………. Shri A.S. Band, Advocate for Applicants. Mrs. S.V. Kolhe, APP for Non-Applicant No.1/State. Shri Kshitij N. Jain, Advocate for Non-Applicant No.2. …………… 2026:BHC-NAG:667-DB 2 917 APL 1037.22 CORAM : PRAVIN S. PATIL, J. DATED : 13.01.2026. JUDGMENT 1. The applicant no.1 herein is the Manager of Shriram Transport Finance Private Limited and applicant nos.2 and 3 are the Recovery Officers of the Company, seeks quashment of the proceeding bearing R.C.C. No.1729/2025 pending before the Chief Judicial Magistrate, Amravati for commission of the offence punishable under Section 415, 416, 417, 418, 419, 420 r/w 34 of the Indian Penal Code. 2. The perusal of the record shows that the present Non- Applicant no.2 Shubham s/o Dilip Donti filed the proceeding before the Judicial Magistrate, First Class, Amravati under Section 156 (3) of the Code of Criminal Procedure. The learned Magistrate, by his order dated 7.8.2021, held that the Non- Applicant no.2 executed the agreement of sale of vehicle Innova Criysta of Toyata Company with accused no.1 Ajay s/o Ambadasrao Dandale. At the time of agreement, the Non- Applicant no.2 received Rs.1,11,000/-. However, though the promise was given that balance amount will paid, the accused 3 917 APL 1037.22 no.1 in collusion with the present applicants, avoided to return the remaining amount of Rs.13,00,000/-. As such, Non- Applicant No.2 has been cheated by the accused persons by inducing him to deliver his Innova Criysta of Toyata Company. Accordingly, the learned Magistrate directed the Police Station, Frezarpura to register the offence against the present applicants and investigate into the matter. 3. In the light of the directions of the Judicial Magistrate, First Class, investigation has been completed and chargesheet was filed and the proceeding bearing R.C.C. No.1729/2025 was registered before the Chief Judicial Magistrate, Amravati. 4. It is the case of the present applicants that they were not at all connected with the alleged transaction nor any time cheated to the Non-Applicant no.2 as alleged in the complaint. According to the applicants, Non-Applicant no.2 entered into agreement of sale with original accused no.1-Proprietor of Sahil Tours and Travels. In the said agreement, it was recorded that the loan of Rs.13,00,000/- will be obtained from Shriram Transport Finance Company Limited and after that the vehicle 4 917 APL 1037.22 would be transferred in the name of Sahil Tours and Travels in the R.T.O. office. It is also pointed out that accordingly Sahil Tours and Travels has applied for the loan to the Shriram Transport Finance Company Limited and same was accordingly disbursed on 26.2.2020. At that time, the vehicle was standing in the name of Sahil Tours and Travels as can be seen from the RC book which is placed on record along with copy of chargesheet as document page 54 (63). Therefore, as per procedure, the loan amount has been disbursed. 5. It is the submission of applicants, they being employee of Finance Company, there role was to prepare the documents of the persons who has claimed loan and disburse the same accordingly. As such they can’t be held responsible if the Accused no.1 not paid the amount to Non-Applicant No.2. The applicants at all not related with that transaction. 6. It is also pointed out from the record that the Non- Applicant no.1 has also filed civil proceeding bearing RCS No.141/2020 before the Civil Judge, Senior Division, Amravati for recovery of money of Rs.13,00,000/- and damages against 5 917 APL 1037.22 Sahil Tours and Travels as well as Shriram Transport Finance Private Limited. Therefore, this matter is purely of civil nature. Hence, learned Magistrate committed an error by issuing direction to Police Station, Frezarpura to conduct investigation in the matter. 7. In my opinion, considering the fact that the present applicants, who are the Manager and the Recovery Officers of the said company, in their official duties, has disbursed the loan as per the demand to the finance company. As such, amount was disbursed to the owner of the vehicle in whose name vehicle was registered at the time of disbursing loan, therefore, it cannot be said that the present applicants are involved in the alleged offence. 8. Furthermore, the civil proceeding is already initiated by the Non-Applicant no.2. In the said proceeding, Shriram Transport Finance Company Limited has also been made party and that proceeding are going on before the Civil Court. In the circumstances, Non-Applicant no.2 cannot be permitted to use the weapon of criminal proceeding against the present 6 917 APL 1037.22 applicants who by performing their official duty disbursed the loan. 9. The Non-Applicant no.2 is trying to give the colour of criminal offence to the civil proceeding. Hence, no offence is made out against the present applicants. Continuing the present proceeding against the present applicants is nothing but abuse of the process of law. Hence, for the reasons stated above, I proceed to pass the following order : O R D E R (1) Criminal Application is allowed. (2) The proceeding bearing R.C.C. No.1729/2025 pending before the learned Chief Judicial Magistrate, Amravati for commission of the offence punishable under Sections 415, 416, 417, 418, 419, 420 r/w 34 of the Indian Penal Code arising out of Crime No.1574/2021 dated 11.08.2021 is hereby quashed and set aside against present applicants only. (3) No order as to costs. (Pravin S. Patil, J.) Gulande