CHHAYA DATTATRAYA BOTRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.49 of 2023 registered with Kamshet Police Station for offences punishable under Sec. 406, 420, 34 of the Indian Penal Code, 1860, the applicant is seeking relief under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) According to the prosecution, informant Rekha Vishnu Sawant on 16/2/2023 lodged a report alleging that on the instructions of her Chartered Accountant, she purchased Gat No.157 admeasuring 76.3 R. situated at Karunj, Taluka Maval, District Pune. The allegations against the applicant is that the applicant along with other co-accused convinced the informant that the vendor was in need of amount and, therefore, maximum amount of consideration needs to be paid by cash. The applicant along with other co-accused told the informant to issue cheque in the name of Vishal Trivedi who in turn shall pay cash amount to the vendor. Accordingly, the informant issued cheque of Rs.5,00,000.00 and cheque of Rs.15,00,000.00 in the name of Vishal Trivedi's brother Mitul Trivedi. At the time of execution of sale deed the applicant along with another co-accused were present and they had arranged for witnesses. When it was realize that vendor had no title, the applicant promised to transfer 2 acres of land at different place and as of security issued cheque of Rs.35,00,000.00. The applicant's cheque of Rs.35,00,000.00 issued as a security for fulfillment of promise was dishonoured. The applicant along with another sought three months time for transfer of 2 acres land. However, the said cheque was dishonoured. She, therefore, lodged a report.

(3.) Prima facie there is sufficient material to indicate that informant's vendor had no title on the date of sale deed. The statements of the witnesses indicate that the applicant played active role in the execution of sale deed. The material on record indicates that the applicant has three antecedents of similar nature to her discredit. The issuance of cheque of consideration amount by the applicant indicates that report against the applicant is not frivolous.