RAHUL SHARAD MENGER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.274 of 2021, registered with Alibaug Police Station, District Raigad, on 12/10/2022 for offences punishable under Sec. 420, 406, 465, 467, 468, 471 reads with Sec. 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, the informant is a builder. Two shops in his scheme at Shil-Phatta were sold to his sister-in-law for Rs.1,20,00,000.00. The said amount was due from her. On 25 th March 2022, the applicant and co-accused approached the informant and assured them to arrange a loan from a bank. In June 2022, a loan of Rs.1,70,00,000.00 was sanctioned to his sister- in-law Smt. Pravina Patel. As per instructions of the applicant and co-accused, the informant and Smt. Pravina Patel opened accounts to receive a disbursement of sanctioned loans. The applicant and the co-accused got the signatures of the informant and Smt. Pravina Patel on four blank cheques stating that such cheques are required to transfer the loan amount to another account and as a security for repayment of EMI and insurance.

(3.) On 12/7/2022, the informant received a message informing him of credit of Rs.1,20,00,000.00 in his account and Rs.50,00,000.00 in the account of Smt. Pravina Patel. Thereafter, he received messages of debiting Rs.24,00,000.00 from his account and another account of Rs.12,50,000.00 being debited. The amounts were transferred to the account of Jayant Gangal. An amount of Rs.20,50,000.00 was debited and transferred to the account of Gurukrupa Company. The amount of Rs.17,20,000.00 was transferred to the account of Star Trading Company, and the amount of Rs.16,80,000.00 was transferred to the account of Meet Enterprises from the account of Smt. Pravina Patel. The informant, therefore, called co-accused No.2 about the transfer of amounts. He assured return of the amounts. Despite several assurances and promises, the accused persons failed to refund the amount. He, therefore, lodged a report.