DEEPAK RAJENDRA SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R.No. 43 of 2023 registered at Khed Police Station for offences punishable under Sec. 406, 409, 420 r/w. 34 of the Indian Penal Code .

(2.) Heard learned Counsel for the Applicant, learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties .

(3.) The aforesaid crime was registered pursuant to the FIR dtd. 20/2/2023 lodged by Sudhir Sharad Butala, a practicing Advocate. The facts narrate in the FIR prima facie indicate that the complainant was interested in purchasing land admeasuring about 25 to 30 Acres. He got acquainted with the Applicant herein and the Applicant assured him that he could identify the land. The complainant claims that since he was busy and in view of his close association with the Applicant, he trusted the Applicant and on 1/7/2019 he executed a Power of Attorney in favour of the Applicant authorizing him to purchase the property. The complainant also transferred an amount of Rs.20.00 lakhs in the account of the Applicant. It is stated that sometime in July, 2019, the Applicant refunded the amount of Rs.20.00 lakhs stating that the land was not available.