(1.) This is an application under Sec. 438 of the Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R. No. 989 of 2022 registered with Kandivali (West) Police Station, Mumbai, for the offences punishable under Ss. 406 and 420 r/w 34 of the IPC .
(2.) Heard Mr. Suresh Mali, learned counsel for the Applicant and Mr. S.V. Gavand, learned APP for the Respondent -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 lodged by Akshay Suryakant Shinde. The facts narrated in the FIR prima facie reveal that on 19/09/2019 the co-accused-Hemangi Tondwalkar informed the First Informant that the Applicant herein, who was her childhood friend and employed as a motorman in Indian Railways, could secure a job in Indian Railways on payment of Rs.1,50,000.00. The First Informant and his sister met the co-accused on 22/09/2019. She informed them that the Applicant herein was out of station and that he would secure job for both for Rs.3,00,000.00. He paid an amount of Rs.2,50,000.00 to the co-accused-Hemangi and filled some forms at her instance.