Decided on March 20,2020

PRAFULLA Appellant


- (1.) This is an application under Section 438 of the Cr.P.C. by one of the 3 accused from Crime No.196/2019 registered with Osmanpura Police Station, Aurangabad for the offences punishable under Sections 420, 406, 467, 468, 471, 120-B read with Section 34 of the I.P.C.
(2.) Stated in brief the prosecution case is to the effect that the informant is a building contractor by occupation. Four years prior to the lodging of the F.I.R. he happened to meet the accused nos.1 and 2. They induced him to purchase plots. They showed him couple of sites wherein construction was being carried out by an establishment styled as Prathamesh Construction. The construction was partly carried out. They put a proposal to him and requested to complete the remaining construction. After deliberation they insisted him to spend Rs.25 lakhs in completing the construction and promised to repay him Rs.40 lakhs by selling the flats. It was also agreed that out of those Rs.40 lakhs, he will pay Rs.5 lakhs to each of them. It is then alleged that in the year 2016 the accused nos.1 and 2 from time to time made him to pay for purchasing material for completing the construction and for making payment to the labourers. It is alleged that when he was to pay money as per their request they asked him to pay the money by way of cheques drawn in the name of Pratamesh construction of the present applicant. Accordingly he paid Rs.7 lakhs by a cheque drawn in the name of Prathamesh construction. It is then alleged that even thereafter he paid another amount of Rs.2 lakhs to the accused nos.1 and 2. It is then alleged that when he started demanding the money to the accused nos.1 and 2 as was promised, they kept him promising to pay the money but nothing was paid. Lateron accused no.1 Manoj offered him couple of plots from a scheme and promised to execute registered deed. Accused nos.1 and 2 made him to part with another Rs.1 lakh in cash. When he persisted with them for refund of money a cheque for an amount of Rs.17,75,000/- drawn on Karnataka Bank from the account of Prathamesh construction was handed over to him. However, on inquiry he came to know from the bank that in fact the cheque was not drawn on the account of Prathamesh construction but was drawn in the name of the firm by its employee. He then realized that all the accused had hatched a conspiracy and have cheated him by indulging in forgery.
(3.) The F.I.R. was lodged in the month of September 2017 and the crime has been registered. The accused nos.1 and 2 applied for anticipatory bail before the Sessions Court and by the order 23/11/2019 in Criminal Application No.1998/2019 they have been granted anticipatory bail by the Sessions Court.;

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