NANDKISHOR EKNATH KOTHAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Application is filed under Sec. 482 of Code of Criminal Procedure, 1973 ("Cr.P.C.", for short) seeking to quash and set aside the Order dtd. 12/2/2014 passed in R.C.C. No. 1158 of 2013 by the learned Judicial Magistrate First Class, Court No.6, at Nashik and F.I.R. being C.R.No.41 of 2014 dtd. 27/2/2014, registered with Ambad Police Station.

(2.) Heard Ms. Farzana Khan, learned Advocate for the Applicant and Mr. Ajay Patil, learned APP for Respondent No.1-State. Respondent No.2 is duly served. However, none appeared for Respondent No.2, when the matter taken up for final hearing.

(3.) Respondent No.2 has filed the R.C.C.No.1158/2013 (old S.C.C. No.3680/2012 and hereinafter referred to as 'the complaint', for short) wherein it is alleged that, in February 2011, all the seven Accused persons named therein induced Respondent No.2 to invest money in the business of the accused persons namely M/s. Shri Swami Samarth Investment, by giving false assurance that, out of the said investment he would get huge profit. Respondent No.2 fell prey to that assurance and invested total Rs.5,00,000.00 in the said business of the Accused. Thereafter, sometime in the month of July 2011, Respondent No.2 asked the accused persons to give him his principal amount and the profit earned thereon by them. The accused persons avoided to return his money and his share in the profit. However, due to persistent demands made by Respondent No.2, in March 2012, Accused No.1 gave a cheque of Rs.14,40,000.00 to Respondent No.2 towards the principal amount of Rs.5,00,000.00 and the profit of Rs.9,40,000.00. The said cheque was dishonoured when presented for encashment. Respondent No.2, therefore, issued a statutory notice to Accused No.1 but, was in vain. Thereafter, Respondent No.2 demanded his money from the Accused but they refused to pay. Thus, the accused persons in furtherance of their common intention cheated Respondent No.2. Hence, he filed the said complaint.