MANOJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The application is filed under section 482 of Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.' for short) for relief of quashing of F.I.R. No. 8/2007 registered against the applicant in Dhoki Police Station, Tahsil and District Osmanabad. Both the sides are heard.

(2.) The F.I.R. is given by one Gaikwad, Chief Agricultural Officer of Terna Shetkari Sahakari Sakhar Karkhana, Dhoki. He has made allegations that the staff of sugar factory had joined hands with some contractors like present applicant and by using particular modus operandi, not creating proper record, huge advance was shown to be given to the contractors for supplying labour force for sugar cutting. Total amount of Rs. 85.92 lakh was disbursed under the so called contracts made with the contractors. Most of the contractors did not turn up and there was loss of Rs. 59.09 lakh to the sugar factory. As per the record, there was agreement with present applicant Manoj Kolhe and advance of Rs. 1.88 lakh was shown to be given to him.

(3.) The learned counsel for applicant submitted that the sugar factory had filed complaint under section 138 of Negotiable Instruments Act and allegations, which were made in the complaint were of different nature and on the basis of allegations, which were made in the complaint dated 10.6.2006, no crime could have been registered on the basis of F.I.R. which was given on 16.1.2007.