CHANDRAKANT CHINTAMAN BHISE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Writ Petition is filed by the Petitioner, being aggrieved by the order of issuance of process dated 10th June, 1990, framing charge against the Petitioner/accused under Section 420, 465,468 and 406 of the Indian Penal Code.

(2.) I have heard Mr. Mokashi for Petitioner, who has admitted that when the process was issued on 20th November, 1990, he did not approach this Court for quashing. He also admits that no application for discharge has been made by him in the Lower Court.

(3.) IT is further the contention of the complainant that the accused Chandrakant Chintaman Bhise came to know about the said amount of Rs. 14,000/- which was lying with the Tehsildar, Bhiwandi. He then, without meeting the Administrative Officer of Municipal School Board, Bhiwandi, went to the office of Tehsildar, Bhiwandi and misrepresented himself as if he was sent by the Administrative Officer, and represented that he had authority to withdraw that amount. Thus, by misrepresentation, he withdrew the amount of Rs. 14,000/- from the Office of the Tehsildar. At that time, he managed to bring the seal and stamp of the Administrative Officer, from, his office, which he put on the Register in which the entry of withdrawal of the above amount was made. He also signed thereon as a person having authority to withdraw that amount.