Created by Fuzzy Cloud

Bombay High Court

VASANTRAO WAMANRAO MOREYversusTHE STATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Allowed

Holding

The High Court quashed the FIR and ordered the petitioner to pay costs, while permitting the bank to recover the claimed interest through appropriate legal means.

Summary

Petitioner Vasantrao Morey, a builder, obtained housing loans totalling Rs 18.75 lakh from Dena Bank (now Bank of Baroda) for five borrowers, allegedly using forged documents. An FIR was lodged under Sections 465, 467, 468, 471, 420 and 120B of the IPC. The petitioner repaid the entire loan amount, which the bank accepted, but the bank claimed an outstanding interest of Rs 1.13 lakh and sought to continue the criminal prosecution. The petitioner filed a writ petition under the inherent powers of the High Court to quash the FIR. Relying on Section 482 of the Criminal Procedure Code (and the analogous Section 528 of the BNSS) and the Bhajan Lal guidelines, the Court held that the prosecution was unnecessary as the bank suffered no monetary loss and the matter could be dealt with through civil recovery of interest. The Court quashed the FIR, ordered the petitioner to pay Rs 25,000 to a charitable fund, and left the bank free to pursue the interest amount by law.

Issues considered

  • Whether the FIR filed under Sections 465, 467, 468, 471, 420 and 120B IPC can be quashed under the inherent powers of the High Court.
  • Whether the repayment of the principal loan amount bars continuation of criminal prosecution for alleged fraud.
  • Whether the bank’s claim for unpaid interest can be pursued only through civil remedies.

Legislation cited

Subjects

  • criminal procedure
  • quashing FIR
  • Section 482
  • fraud
  • housing loan
  • interest recovery
  • inherent powers
  • bank merger

Judgment

                                                                         36. CRI WP-1446-08.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                                WRIT PETITION NO. 1446 OF 2008

           Vasantrao Wamanrao Morey                                    .. Petitioner
                      Versus
           The State of Maharashtra & Ors.                             .. Respondents
                                       ....................
            Mr. Ashwin Vasista, Advocate for Petitioner
            Ms. Shilpa G. Talhar, APP for State
            Mr. A.R. Bamne i/by M/s. A.R. Bamne & Co., Advocate for
             Respondent No. 3
                                             ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE            : SEPTEMBER 10, 2026
           P. C.:

           1.       Heard Mr. Vasista, learned Advocate for Petitioner; Ms. Talhar,

           learned APP for State and Mr. Bamne, learned Advocate for

           Respondent No. 3.


           2.       In so far as Respondent No. 2 is concerned, none appears for

           them. On the previous occasion, appropriate directions were passed.

           Their consent affidavit is already on record. Respondent No. 2 is State

           Bank of Mysore now merged with State Bank of India whose

           complaint amount i.e. Rs. 1,35,00,000/- is entirely repaid by

           Petitioner. They are the complainant in FIR No. 62 of 2005 originally

           registered    with    Santacruz     Police       Station   later   transferred   to

           Respondent No. 1 G.B.C.B.C.I.D., Economic Offence Wing, Mumbai

           being C.R. No. 7 of 20025 registered under Section 465, 467, 468,

                                                                                         1 of 8
                                                            36. CRI WP-1446-08.odt


471, 420, 120(B) of Indian Penal Code, 1860 being Case No.

119/PW/2006       pending      before     the   Addl.     Chief    Metropolitan

Magistrate, 19th Court, Esplanade, Mumbai. In so far as Respondent

No. 3 is concerned, he is added as a party since 5 borrowers had

approached the Respondent No. 3 for availing of the bank loan.


3.    Present Petition is a shelf matter of 2008. It saw the light of the

day on 13.08.2026, when the following order was passed:

      "1.    Heard Mr. Vasista, learned Advocate for Petitioner and Ms. Gotad,
      learned APP for Respondent No.1 and Mr. Bamne, learned Advocate for
      Respondent No.3.


      2.     This criminal Writ Petition seeks quashing of the proceedings as filed
      by the Petitioner. Respondent No.3 is arrayed as Dena Bank of India. It is
      now merged into Bank of Baroda. Appropriate amendment to that effect is
      permitted to be carried out by the Advocate for the Petitioner forthwith in
      the presence of the Court.
      3.     Respondent No.2 in the original criminal Writ Petition is arrayed as
      State Bank of Mysore. Since State Bank of Mysore has merged into State
      Bank of India, that amendment is also permitted to be carried out
      forthwith, just now, likewise. Re-verification stands dispensed with for both
      the amendments.
      4.     Hence, issue notice to the Respondents.
      5.      Humdast permitted. In addition to Court’s notice, Petitioner is
      directed to serve the Respondents a copy of this order and amended Writ
      Petition and inform about the next date of hearing by any permissible mode
      of service and file appropriate affidavit of service with tangible proof
      thereof on the next adjourned date.
      6.     Stand over to 03rd September, 2026. "


4.    Pursuant thereto, Respondent No. 3, erstwhile Dena Bank and

now merged with Bank of Baroda, is duly represented by Mr. Bamne,

learned Advocate.


                                                                             2 of 8
                                                     36. CRI WP-1446-08.odt


5.    It is the case of the prosecution qua the Petitioner before me

that in or about October 2003, Petitioner who was carrying on

business as builder approached the erstwhile Respondent No. 3 - Dena

Bank with a request for seeking housing loans for the buyers of flats in

his project. In all 5 borrowers availed loan amount of Rs. 3.75 Lakh

each, totally aggregating to Rs. 18.75 Lakh from the bank which was

issued in the name of the Company belonging to the Petitioner, namely

M/s. Dharti Constructions Private Limited.


6.    It is the case of prosecution that the bank brought to the notice

of the prosecuting agency that certain documents which were used for

procuring the housing loan for the 5 borrowers were fraudulent and

fabricated and therefore complaint of cheating was originally lodged.

One of the major complaint was that stamps and franking done on the

agreements for sale were forged.


7.    Insofar as the Respondent No. 3 Bank is concerned, it is not out-

of-pocket or at any monetary loss because immediately after lodging of

the FIR, the Petitioner and 5 borrowers deposited the entire aggregate

amount of Rs. 18.54 Lakh borrowed from the bank towards the

outstanding payment of the said housing loans over a period of time

which the Respondent No. 3 Bank has happily accepted.




                                                                     3 of 8
                                                        36. CRI WP-1446-08.odt


8.      Today, Mr. Bamne would, however, contend that the act on the

part of the Petitoner of submitting fraudulent and fabricated

documents amounted to cheating the bank and for that matter FIR

should continue and the prosecution should be taken to its logical end.


9.      It is prima facie seen that, even according to the Respondent No.

3 Bank, the amount of repayment of the outstanding amounts was

made by the Petitioner and the borrowers both forthwith and from

time to time, which the bank allowed them to do so and accepted the

same. The bank's only grievance which could probably remain pending

till date is about payment of interest of Rs.1.13 Lakh for the period

23.10.2003 and up to 17.08.2009, when the date of last payment was

made. That not having been paid could be the only plausible grievance

of the bank. Bona fides of the Petitioner and the borrowers, who had

approached the bank have been prima facie shown. The bank has

accepted the amounts.


10.     Though Mr. Bamne would persuade me to consider the facts and

submissions made in paragraph No. 2 of the affidavit filed by Dena

Bank, however, in view of what is stated thereafter in paragraph No. 3

and 4, I am not inclined to accept his submissions to prolong and

protract the agony of the Petitioner who has already shown his bona

fides   otherwise.   Continuation    of   prosecution    would     also    be

detrimental to the 5 borrowers in question who have also taken the

                                                                        4 of 8
                                                     36. CRI WP-1446-08.odt


efforts of making the repayment and the bank having accepted the

same. If at all any amount has remained due and payable towards

interest, remedy of the bank would be otherwise available to it in

accordance with law. Criminal prosecution cannot be used for recovery

of amounts. However, in the present case, it is seen that the moment

criminal   prosecution   is   launched,   immediately   thereafter,     the

Petitioner and the borrowers started depositing the outstanding

amounts, which is certified and affirmed in the affidavit filed by the

bank itself. In so far as any outstanding amount towards interest may

be pending, the bank has given a breakup of the said amount.


11.   According to the bank, an amount of            Rs. 1.13 Lakh is

outstanding, but a humongous rate of interest of 9.25% is applied. The

bank has also levied penal interest. Merely stating the same on

affidavit cannot enure to the benefit of the bank. The bank is free to

take appropriate steps as available to it in accordance with law.


12.   Satisfaction of the loan amount with the bank having been done

in full and the bank having accepted and certified the same in its

affidavit dated 17.09.2009 (appended at page Nos. 88-91 of the

Petition) and the Letter of Authority (appended at page 92 thereof)

having been considered by the Court, the Petition deserves to be

allowed. However, in view of the criminal prosecution having been




                                                                      5 of 8
                                                     36. CRI WP-1446-08.odt


launched by the complainant on the act of the Petitioner, I direct the

Petitioner to pay costs to the charity.


13.       Section 482 of the Criminal Procedure Code, 1973 conferred

inherent powers on High Courts to pass such orders as are justified to

give effect to any order in the Court, prevent abuse of process of any

Court or secure the ends of justice. In the BNSS this provision stands

incorporated with Section 528 which substantially reproduces the

language and intent of Section 482 of the CRPC, 1973 High Courts

invoke this provision to step in where cases have been instituted with

malafide motives or to harass the accused person thereby avoiding

procedural harassment. It empowers Court to dismiss FIRs or criminal

proceedings if there is no prima facie case or evidence against the

accused person/s or if orders are made in violation of the principles of

natural justice. The exercise of such powers under Section 482 of

CRPC and now Section 528 of BNSS remains discretionary and varies

from case to case.


14.       In State of Harayana vs Bhajan Lal1 the Supreme Court laid

down model categories and guidelines in paragraph No. 102 of the

said judgment in which the FIRs can be quashed. The Supreme Court

has furthered asserted that power under Section 482 is an

acknowledgment of "powers inherent" and not the source of powers

1     1992 AIR 604

                                                                     6 of 8
                                                            36. CRI WP-1446-08.odt


additional. It has held that even non compoundable offences can be

quashed where necessary. It has held that High Courts have to decide

whether the prosecution of an offence would further or be against the

interest of justice. It is also held that grievous offences such as murder,

rape, and dacoity cannot ordinarily be quashed even after settlement

because they involve societal implication.


15.   Applying the aforesaid principles to the facts of the present case,

I am of the opinion that the action of the Petitioner resulting in the

complainant invoking criminal proceedings, the Petitioner should pay

costs. Hence, Petitioner is directed to pay costs of Rs. 25,000/- to

Account Name: Bar Council of Maharashtra and Goa Advocate Aid

Fund; Bank Name: State Bank of India; Branch: Mumbai Main Branch;

Account No.: 10996711937; and IFSC: SBIN0000300 within a period

of two (2) weeks from the date of uploading of this order.


16.   Petitioner through his learned Advocates agrees to pay the

aforesaid costs amount to the charity.


17.   Petition is, therefore, allowed in terms of prayer clauses (a) and

(b) which reads thus:-

      "(a)   that this Hon'ble Court be pleased to pass an appropriate writ, order
             and direction thereby quashing and setting aside the FIR No. 62 of
             2005 originally with Santacruz Police Station later transferred to
             Respondent No. 1 G.B.C.B.C.I.D., Economic Offence Wing, Mumbai
             being C.R. No. 7 of 20025 registered under Section 465, 467, 468,
             471, 420, 120(B) on such terms as this Hon'ble Court may deem fit
             and proper being Case No. 119/PW/2006 pending on the rank and

                                                                            7 of 8
                                                                                        36. CRI WP-1446-08.odt


                                         files of Addl. Chief Metropolitan Magistrate, 19th Court, Esplanade,
                                         Mumbai, on such terms as this Hon'ble Court may deem fit and
                                         proper;
                             (b)         that this Hon'ble Court be pleased to pass an appropriate writ, order
                                         and direction thereby Investigating Officer to release all the
                                         documents / properties of the Petitioners' project files being in the
                                         custody of the Investigating Officer;?



                18.           All contentions of the Bank particularly for recovery of the

                interest amount, are otherwise kept open to be pursued by it in

                accordance with law.


                19.           List the Writ Petition for compliance of the order regarding

                payment of costs on 01.10.2026.


                20.           Advocate for Petitioner shall remain present and show

                compliance on the returnable date for compliance. If he does not

                remain present and there is non-compliance of this order, Court will

                pass appropriate order for recall of this order, which shall be noted by

                the Petitioner.


                21.           Petition is allowed and disposed.




Amberkar                                                              [ MILIND N. JADHAV, J. ]


                   Digitally signed by
      RAVINDRA RAVINDRA
               MOHAN
      MOHAN    AMBERKAR
      AMBERKAR Date: 2026.09.12
                   17:30:18 +0530




                                                                                                        8 of 8


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.