SANJAY BHASKAR VAIDYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these applications are decided by this common order because they arise out of the same offence i.e. C.R.No.234 of 2019 registered with Amboli Police Station, on 23/06/2019, under sections 406, 408, 420, 465, 467, 468, 477(A) r/w. 34 of the Indian Penal Code .

(2.) The FIR is lodged by one Salim Diwan. He was employed with Rajasthan Aushadhalaya Pvt. Ltd. The said company was distributing Ayurvedic medicines throughout India. The company had appointed one Co-ordination officer for every State and four employees were appointed under him to assist him. Their job was to visit various doctors, get orders, collect amount of sold medicines and deposit the amount in the company's account. The co-ordination officer was supposed to keep record of the amount received. The FIR mentions that, one Hemant Vitlani was appointed as a co-ordination officer for Gujarat State. Both the applicants and one Mayurkumar Visawadia were appointed to assist him. In the month of June, 2019 the company came to know that many doctors were having difficulty in getting supply of medicines. On inquiries, it was found that, the aforementioned Hemant Vitlani had misappropriated the amount given by the doctors and, therefore, company treated this amount as outstanding bills against those doctors. Those doctors were not supplied with medicines. Further inquiries revealed that, some amounts were deposited in Hemant Vitlani's wife Rajani's account. The FIR mentions that, a false list of doctors was prepared and on the basis of that list some medicines were directly sold in the market. With this modus operendi the company was put to the loss to the tune of Rs.27,43,400/-.

(3.) Both the applicants were arrested on 23/06/2019 and since then they are in custody. The investigation, as far as they are concerned, is over and the charge-sheet is filed against them. The investigation revealed that till filing of the charge-sheet the investigating agency found that there was loss of Rs.67,04,009/- caused to the informant's company.