AVINASH VIJAY VAIRAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending his arrest in connection with Crime No.804 of 2020 registered with Nanded Rural Police Station, Dist. Nanded for the offences punishable under Ss. 406, 420 of Indian Penal Code.

(2.) Heard learned Advocate Mr. S. S. Jadhav holding for learned Advocate Mr. R. S. Kasar for the applicant and learned APP Mr. B. V. Virdhe for the respondent - State. In order to cut short, it can be said that both of them have made submissions in support of their respective contentions.

(3.) Perusal of the FIR would show that it has been lodged by one Sunil Navsaji Bomble, who is practicing Doctor at Nanded. In March, 2019, he had taken search on internet about Laproscopic Instrument System and then within few days, he received two to four phone calls by the dealers. Out of that, the applicant was one of the dealer, who disclose that he is the owner of Vijay Surgical Private Limited, Pune and he supplies various instruments to the medical practitioners. He promised that he would supply instrument which was searched by the informant at a reasonable rate. The informant told him that he should come down to Nanded if possible and then would discuss about the instrument. Accordingly, the applicant had met him in 2019. As per the requirement of the instrument, he booked one instrument of which the cost was disclosed as Rs.1,44,580.00. Informant gave him cash of Rs.35,000.00 and rest of the amount was transferred online. In July, 2019, the applicant had given phone call to the informant and stated that the unit that he had ordered would be available between 25/8/2019 to 30/8/2019, however, its price is Rs.4,32,000.00 and if he is in need of that, he should book the instrument by 30/7/2019 by giving amount of Rs.50,000.00 and 50% of the cost would be required to be deposited from 10 days of the booking. Accordingly, the informant had given the said amount. Amount of Rs.2,00,000.00 was given on the account of the company of the applicant by R.T.G.S., however, the instrument was not supplied. The informant says that he had contacted the applicant many times, but the delivery of the unit was not given. Ultimately, the informant asked him to return his amount of Rs.2,50,000.00. Applicant told that he should wait for one month and if he is not believing him, he would send a cheque. Accordingly, on 1/1/2020, the applicant had sent him cheque worth Rs.2,50,000.00, however, on the cheque it was written that it is only for the security purpose. By taking legal advise, the informant had deposited the said cheque for encashment, however, the said cheque got dishonoured. Informant contacted the applicant and told him that he would lodge case under Sec. 138 of the Negotiable Instruments Act, but applicant told that he should wait. He allowed a month to go and then by giving a letter, it was again promised that he would pay the amount of Rs.2,50,000.00. Informant, therefore, says that by giving evasive answers and by not supplying the unit even after taking amount of Rs.2,50,000.00, he has been cheated.