ADNAN ABU ATHAR BAKSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally, by consent of the learned counsel appearing for the respective parties. The Application is moved for final disposal by the learned counsel appearing for the parties, as the parties have settled the dispute amicably. Consent Terms are filed on record. Both the parties are before the Court and are identified by their respective counsel. Consent Terms and Verification made by the parties, namely, Adnan Abu Athar Bakshi (Applicant No. 1) and Mir Irshad Ali Mir Mahammad Ali (Respondent No. 2), is taken on record and marked as "X" for identification.

(2.) It is contended by the Applicants that Applicant No. 3 is a Managing Director of a Tours and Travels Company, namely, "Sky Ship International Pvt. Ltd."(For short "said company"). An agreement was executed between every Hajji and the said Company wherein the terms and conditions were incorporated to avoid any complications to Hajjis during their Hajj tour. It is submitted by the Applicants that for the year 2010 they were allotted a quota of 206 Hajjis by the External Affairs Ministry, Government of India. The estimated cost that year for the Hajj package tour was Rs. 1.60 Lacs. For the year 2010 Hajj tour, Respondent No. 2 -Mir Irshad Ali, invited the Applicants at Aurangabad and arranged a programme. In the said programme the Respondent No. 2 introduced the said Company of Applicant No. 3 as one of the best Hajj Tour Operators of India. In the year 2011, a quota of 227 Hajjis was allotted to the said Company by the Central Government. The Applicants submit that over a period from 7th July, 2011 to 29th October 2011, a total amount of Rs. 1.46 Crores only was remitted by Respondent No. 2 towards the cost of 100 intending Hajjis for the Hajj Tour, 2011, out of the total amount of Rs. 1.64 Crores. After the return of Respondent No. 2 from the Hajj tour, the Applicant No. 3 has been calling up Respondent No. 2 since October, 2011 for claiming balance amount of Rs. 18 Lacs but Respondent No. 2, on one pretext or the other, kept on avoiding to make the balance payment of Rs. 18 Lacs which was due.

(3.) A complaint was filed by Respondent No. 2 in the Court of Judicial Magistrate, First Class, Aurangabad, for the offences punishable under Sections 420, 468, 383 and 406 of the Indian Penal Code. On 29th October, 2012 the Judicial Magistrate, First Class, Aurangabad passed an order in M.A. No. 1608 of 2012, under Section 156(3) of the Code of Criminal Procedure. Consequent to the said order, the police registered complaint against the Applicants.