1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (ABA) No. 226 OF 2011 Ehetram Siddiqui s/o Late Mehmood Ahmed Siddiquo ..Vs.. State of Mah. Through P.S.O. Tiroda. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.M. Rizwy, Adv. for applicant. Mr. N.S. Rode, APP for the State. CORAM : M.N. GILANI J. DATE : 07.07.2 011 . One Nikhlesh Sonekar, a student, residing at Tiroda, District Gondia, lodged F.I.R. on 19.5.2011 against the present applicant and his family members alleging offences of cheating, forgery, criminal intimidation etc. The case, as unfolded in the F.I.R. is that - 2. On 16.8. 2009 one Praful Rahangdale had come to his house. Said Praful knew about admission in the college abroad. On 22.8.2009, the present applicant and four others came to his house. They disclosed that they can arrange for the job worth nine hundred ponds per month as well as admission in the college in UK. For that, they quoted the amount of more than Rs.6,00,000/-. The complainant was asked to make payment in the saving bank account of the applicant. Accordingly, on 16.11.2009 an amount of Rs.3,00,000/- was deposited. The 2 complainant was then told that offer letter had come from London College, Wimboldon and again asked for balance amount. On 12.1.2010 amount of Rs.1,20,000/-, on 27.1.2010 amount of Rs.90,000/-, on 8.2.2010 amount of Rs.40,000/- and on 20.2.2010 amount of Rs.20,000/- were transferred to the account of the present applicant. The complainant was asked to wait for three months on the pretext that this much time would be required for getting appointment from UK Embassy for obtaining VISA. The applicant then informed the complainant Nikhlesh that his VISA was was rejected. 3. The applicant represented to the complainant Nikhlesh that the job can be arranged in Poland and for that he would get Rs.600 Uro per month. On 2nd June, 2010 the applicant informed the complainant Nikhlesh that offer letter was received from Internal College of Warsa. The complainant Nikhlesh then went to Embassy Mumbai and submitted the application. As per the demand of the applicant on 26.10.2010, Rs. 1,00,000/- and on 27.10.2010 Rs.38,000/- were transferred to the account of the applicant. After about a month, applicant visited the house of complainant and informed him about rejection of VISA and promised that Rs.6,05,000/- which were credited to his account would be refunded. To facilitate the refund of the amount, the applicant asked the complainant Nikhlesh to open account in Sarswat Bank, Gandhibagh, Nagpur. The necessary application 3 form was obtained from the complainant. It is further alleged that, the applicant could secure the cheque book relating to account of the complainant. Thereafter and whenever the complainant was asking for refund of the amount, the applicant went on killing time and ultimately threatened and abused the complainant Nikhlesh. 4. Applicant's case is that he is a third year student of B.D.S. (Dental College) and was acquainted with the complainant Nikhilesh, r/o Tiroda. The complainant was interested in securing admission and for that he wanted to show balance of Rs.6,00,000/- in his account so as to obtain a VISA. Therefore, the applicant obliged him by paying him Rs.6,00,000/-. This happened in the year 2009. After about 4 months i.e. in November, 2009, the complainant refunded Rs.5,00,000/-. In April, 2011, the complainant issued the cheque in the some of Rs.1,00,000/- in his favour. In May, 2011 the cheque was presented and was dishonoured. He thereafter issued notice to the complainant which was denied. 5. Following circumstances are very relevant. a) In the year 2009 Nikhlesh was studying in B.Sc. Second year in Tiroda or Gondia whereas the applicant was a third year student of Dental College at Nagpur. b) No family relations between the applicant and the complainant. c) The complainant wanted Rs.6,00,000/- in his account 4 so as to arrange for VISA and the applicant, a college student, could arrange for Rs.6,00,000/- in cash and paid to complainant Nikhlesh. d) No any writing was obtained when Rs.6,00,000/- were paid. e) After four months, Rs.5,00,000/- were deposited in the account of the applicant. f) Nothing happened in the year 2010 and even till 1.4.2011. g) The account in the Saraswat Bank, Gandhibagh, Nagpur was opened in the name of complainant, in December, 2010. 6. From the above circumstances, the allegations in the F.I.R. appear probable rather than the story put forth by the accused. Considering the nature of accusation, for effective and proper investigation custodial interrogation of the applicant appears necessary. Application is rejected. 7. The observations made herein above shall be deemed to have been made for the purpose of deciding this application. In the event of any application being presented before the learned Magistrate or before the learned Sessions Judge, they shall not be influenced by these observations. JUDGE Hirekhan.