RUPALI BAPURAO JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants, apprehending arrest in connection with Crime Register No. 90 of 2025 registered at Kharghar Police Station for offences punishable under Ss. 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, have approached this Court under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(2.) The prosecution case is that one Sachin Baliram Jadhav lodged a complaint alleging that applicant No.2 had approached him in his office at Panvel with a proposal to start a new law firm. Accordingly, on 10/5/2024, they started a partnership firm in the name of M/s. Law Sinergy and executed a partnership deed on 17/7/2024. Thereafter, they commenced business together. It is further alleged that applicant No.2 and his wife (accused No.3) informed the complainant that they were engaged in intraday share trading. They persuaded the complainant to invest money in share trading, assuring him of 10% to 15% profit per month. Relying upon their assurances, the complainant invested Rs.30,00,000.00 in cash.

(3.) It is the case of the prosecution that initially the applicants paid Rs.4,00,000.00 to the complainant as profit. Thereafter, no further payment was made. The applicants handed over a cheque of Rs.25,00,000.00 to the complainant as security. Subsequently, when the complainant demanded refund of the entire Rs.30,00,000.00, the applicants paid Rs.10,00,000.00. The complainant, however, returned the said amount to the applicants, insisting on full repayment of Rs.30,00,000.00. It is further alleged that the applicants continued to make false assurances of repayment but did not return the amount. When the complainant sent his servant to their office to collect the money, the applicants abused him.