MANOJ BHAVARILAL CHOPDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. The learned APP waives service for the first Respondent and the learned counsel appearing for the second Respondent waives service. Forthwith taken up for final disposal.

(2.) The Petitioner is a Medical Practitioner by profession. He has obtained a Post Graduate Degree M.D. in General Medicine. He has been granted a super speciality degree of D.M. in Cardiology. The prayer in this Petition is for quashing the First Information Report for the offence punishable under Sec. 380 of the Indian Penal Code. The second Respondent is the first informant. The second Respondent is having a shop at the Chhatrapati Shivaji International Airport, Mumbai. In the shop, various items such as hand-baggages, mobile accessories, belts, shoes etc. are being sold. On 16/1/2016, one of the employees of the second Respondent while taking an inventory, noticed that one leather belt was short and could not be accounted for. The CCTV footage showed that one person picked up the said belt and kept in the pocket of his blazer. On the basis of the CCTV footage, the Petitioner was identified.

(3.) The offence was registered under Sec. 380 of the Indian Penal Code. The case made out in the Petition is that there is a settlement between the Petitioner and the second Respondent. The Petitioner has paid a sum of Rs.10,500.00 to the second Respondent being the price of the belt and an additional amount of Rs.10,500.00 being the fine.