JAYESH NATWARLAL SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Ms. D'Souza, learned Appointed Advocate for the Applicants and Ms. Tidke, learned APP for the State.

(2.) The present Criminal Revision Application takes exception to the twin judgments of the learned Trial Court and the learned Appeal Court convicting and sentencing the Revision Applicant - Original Accused No.1 for offence punishable under Sec. 420 r/w. 34 of Indian Penal Code and sentencing him along with the Original Accused No.2 to suffer Rigorous Imprisonment for three months and pay a fine of Rs.5,000.00 each and in default to undergo R.I. for one month.

(3.) The facts in the present case are narrow, but relevant. Revision Applicant- Jayesh Natwarlal Shah along with his partner in crime viz. Nawaz Samsuddin Pathan, were charge-sheeted as Accused Nos.1 and 2 for the offence punishable under Sec. 420 r/w. 34 of IPC. Both accused Nos.1 and 2 prior from 13/6/1994 started a partnership firm called Vishakha Investments and Financiers by publishing newspaper advertisements in Gujarati Newspaper called as 'Gujarat Samachar' and Marathi Newpaper 'Deshdoot' in the name and style of Vishakha Investments and Financiers, calling upon the public at large to deposit advance money in their firm so that the firm can advance loans at the reasonable rate of return by interest. Insofar as the present Complainant is concerned, he approached the accused some time on 20/1/1995 and expressed his desire to avail a loan of Rs.5,00,000.00 He was called upon to deposit an amount of Rs.35,000.00 as advance amount to process his loan. He deposited an amount of Rs.35,000.00 and issued receipt dtd. 20/1/1995, which was in the name of Vishakha Investments. When the Complainant went to the office of Vishakha Investments in February, 1995 for inquiring about his loan amount, he found that the accused had shut their firm and the said office premises was occupied by some third party. The First Informant-Complainant then filed a complaint with the V.P. Road Police Station on 22/2/1995.