DEVIDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending his arrest in connection with Crime No.900 of 2021, registered with Shahada Police Station, District Nandurbar, for the offence punishable under Sec. 420 read with 34 of the IPC.

(2.) Heard learned Advocate Mr. C. C. Deshpande for applicant and learned APP Mr. A. M. Phule for respondent-State.

(3.) It has been vehemently submitted on behalf of the applicant that applicant was the president of one Adivasi-Pardhi Sanskrutik Va Shaikshanik Mandal, Shahada. An advertisement for the post of teacher was published. The informant states that he is B.A. B.Ed. (Geography) and D.Ed. That advertisement was published in 2015. Thereafter, informant's father-in-law had met applicant. Applicant had demanded amount of Rs.15,00,000.00 for giving the job to the informant. He says that Rs.7,00,000.00 was given immediately, and thereafter, appointment letter was issued to the informant on 20/6/2015. After some days, when the applicant demanded the remaining amount of Rs.8,00,000.00, the informant's father-in-law sold his plot and gave that amount. Informant worked with the said institution from 2015 to 2019. Thereafter, when he demanded that his job should be regularized and his pay proposal should be forwarded, necessary documents made available by the informant, however, the Headmaster had not responded properly. Even the present applicant had not made any efforts to send the proposal and had not sought the personal sanction of the informant. Informant appears to have lost his job in 2019 and he states that the amount has not been returned by the applicant. The contents of the FIR thus gives a false indication and there is huge delay of six years in lodging the report. Even after losing his job how the informant can afford to keep quiet for two years, is an unexplained delay. It shows that the FIR has been lodged with malafide intention. The applicant is involved in a case under Sec. 138 of Negotiable Instruments Act. He is ready to abide by the terms of the bail.