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As per case facts, the complainant obtained a loan from DHFL, defaulted, and DHFL initiated recovery proceedings, eventually auctioning the property. After exhausting other remedies, the complainant lodged an FIR
...alleging misappropriation of loan payments and use of forged documents. Applicant Nitin Harne was specifically accused of receiving payments from the complainant's wife that were not deposited into the loan account, a fact he had admitted due to technical reasons. The question arose whether the allegations and evidence prima facie constitute cognizable offences against Nitin Harne. Finally, the court found sufficient prima facie material, including documentary evidence and the applicant's admission, to infer dishonest intention and involvement in the alleged offences. Consequently, his application to quash the FIR was rejected.
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