NITIN MANIKRAO GAWANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Rule is made returnable forthwith. Learned Addl. Public Prosecutor Mr. T.A. Mirza waives service on behalf of respondent no.1, and learned Adv. Mr. Chetan Deshpande, for respondent no.2.

(2.) THIS is an application for quashment of First Information Report dated 27th May, 2013 in Crime No. 377/13 registered with City Police Station, Yavatmal, for offence under Section 409, Indian Penal Code, which was lodged by respondent no.2 on behalf of Maharashtra State Seeds Corporation Ltd., Akola, Yavatmal District Office, Yavatmal, against the applicant, on the allegation of misappropriation of amount of Rs. 18,188 -00 by the applicant. It is on that information, the First Information came to be registered against the applicant who is working as a Junior Clerk with the Corporation.

(3.) LEARNED counsel for the applicant argued that there was a mistake when the applicant was handling the cash box. But then the mistake cannot be converted into an intention in order to register offence against the applicant under Section 409 of Indian Penal Code. He, therefore, submitted that it is for that reason, the applicant, realizing the mistake, paid back the money to the employer.