YOGESH RAMKRISHNA SHIRSATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant (Accused No.1) along with co-accused is facing prosecution for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code before the learned Judicial Magistrate First class at Chandwad, District-Nashik.

(2.) The prosecution case as disclosed from the complaint of Bandu Namdev Borse, who is a farmer at Chandwad, is that the applicant who is a proprietor of Yograj Exim and Enterprises had agreed to purchase grapes from the field of the applicant somewhere in January 2019 at the rate of Rs.66/- per kg. The grapes were purchased for the purpose of export. It was claimed that from 05 th January 2019 to 30th January 2019 the applicant had purchased 322 quintals 26 kg and 750 grams of grapes worth Rs.21,26,964/- from the complainant. The applicant had paid an amount of Rs.1,15,000/- and in respect of the balance amount had passed two cheques which were dishonored. It is the material case that the applicant failed to pay the purchase price and has cheated the complainant. In the complaint Bandu Borse has named nine other farmers, from whom also the applicant had purchased grapes and had failed to pay the purchase price. The total amount which the applicant has failed to pay is said to be Rs.60,12,507/-.

(3.) Upon such a complaint, an offence at Crime No.42 of 2019 was registered with Vadner Bhairav Police Station, District- Nashik. It appears that the investigation was subsequently transferred to Economic Offence Wing (EOW), Nashik Gramin and after completion of the investigation a charge-sheet is filed.