BHASKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned A.P.P. Under a scheme introduced by the Government of Maharashtra known as "Playground and Gymnasium at every village", the Ratnadeep Medical Foundation & Research Centre, Ratnapur, a trust registered under the provisions of Bombay Public Trust Act, of which the petitioner is a president, had also received a grant of Rs. 75,000/-. As usual, there were certain conditions to be fulfilled by the recipient of the grant. In so far as first installment of the grant amounting to Rs. 75,000/- is concerned, the trust was under an obligation to utilize the said amount for the purpose of erecting a compound wall within a period of a month. The trust was also required to invest 20 per cent amount from its own fund.

(2.) On the allegation that the Ratnadeep trust did not utilize the amount of Rs. 75,000/- for the purpose it was given but prepared false documents showing that the said amount was utilized for the given purpose, FIR was lodged against the present petitioner being President of the trust along with the other trustees on 12.4.2006, for misappropriation of the said amount and for cheating the Government.

(3.) Learned Counsel for the petitioner submitted that since there were certain difficulties in utilizing the aforesaid amount for the purpose it was given, a representation was made by the petitioner's trust with the Government seeking extension of time and the Government had granted further one month's time for utilizing the said amount and for completing construction of the compound wall as well as the gymnasium.