HEMAL JAGDISH MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Learned Senior Counsel Shri. Shirodkar, at the outset, make a grievance that the name of his arguing Counsel is not reflected and therefore, the link is not shared. The Registry is directed to do the needful so that the Senior Counsel appearing alongwith the Counsel is shared the link.

(2.) The complainant lodged a report stating that she had booked the tickets for her personal travel and travel of her family members with the accused who run a Travel Agency in the name of 'Travel Channel For You' having office at City Mall, Oshiwara Link Road, Andheri. The applicant had assured her tickets at discounted rates as compared to the tickets sold by the Airlines and other Travel Agencies. The FIR give the details of the tickets booked by the applicant in various names and the payment tendered by the complainant in cheque/Bank transfer and by cash.

(3.) According to the Learned Senior Counsel Mr. Shirodkar alongwith affidavit, he has placed on record chart depicting an amount of Rs.13,10,000/- paid by way of cheque/ Bank transaction and a sum of Rs.7,75,500/- paid by cash towards the total cost of the tickets booked by the complainant from the accused person is worth Rs.20,85,500/-. The Learned Counsel for the applicant state that he do not dispute the amount received by him by way of cheque/RTGS i.e. Rs.13,10,000/-. He, however, dispute the amount of Rs.7,75,500/- alleged to be paid in cash and the Counsel has invited my attention to column No.2 at page No.274, wherein the complainant has given a chart of the amount paid as well as the reason for which, when the tickets were cancelled, no return of the amount came from the applicant. According to the Learned Counsel, as far as entry No.2 is concerned, in the remark column, it is reflected that the cash of Rs.4,25,000/- was arranged by cash in hand balance and it has been reflected to be duly accounted in income tax, whereas, the affidavit which had been filed and sworn by the complainant on 15/09/2020, this cash has been shown to be arranged from the family members and friends.