LAWS(MPH)-2019-10-246

SHUBHAM Vs. STATE OF MADHYA PRADESH

Decided On October 18, 2019
Shubham Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This repeat (second) application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant-Shubham who is implicated in connection with Crime No.371/2019, registered at Police Station-Nagda, District-Ujjain, concerning offence under Sections 420, 467, 468, 471 of IPC, 1860. Earlier application was dismissed as withdrawn vide order dated 25/09/2019 passed in M.Cr.C. No.34293/2019.

(2.) Learned counsel for the applicant has submitted that the applicant has not committed any offence and he has been falsely implicated in the present crime. It is further submitted that one Bhaskar Enterprises entered into an agreement with the present applicant for Shubham Nari Shakti Mahila Kalyan Samiti on 02/02/2018 towards skill development program, sponsored by companies under Corporate Social Responsibility Rules. As per the terms and conditions the applicant has deposited Rs.79,50,000/- in the account of Bhaskar Enterprises to get the work of skill development from Bhaskar Enterprises.

(3.) As per the terms of agreement, Bhaskar Enterprises was responsible for disbursing payment to the applicant for each passed candidates and in turn the applicant was to disburse the funds to local agencies.