The Judicial Magistrate First Class (JMFC), Belapur, has convicted a 36-year-old Navi Mumbai resident who duped a 39-year-old man to the tune of Rs. 8,20,000 on the pretext of securing a job in the railway department. The magistrate, in its order, directed the accused, Rohit Deolekar, to pay Rs. 14,40,000 to the complainant, which includes compensation.
The court, in its order, held after reviewing the evidence that the accused had promised the complainant to make the payment but failed to do so. “The accused issued a cheque in favor of the complainant, but as it was dishonored, a demand notice was issued by the complainant. It is noteworthy that a prudent man would not remain silent if a demand for such a large amount of money is made through a notice. However, as the accused did not respond, it is settled law that the failure to reply to the demand notice falsifies the defense raised by the accused.
Further, the matter is three years old. There is nothing on record to the contrary. The complainant has been seeking justice for the past three years, and the record clearly shows that the accused has been avoiding proceedings and deliberately delaying the trial for one reason or another. The complainant’s case has been consistent and reliable from the beginning. Hence, it is crystal clear that the accused has not paid the disputed amount to the complainant to date. Thus, the complainant has discharged the initial burden of proving that the cheque was issued in discharge of a liability.”
The accused had informed the 39-year-old complainant, Sunil Shukla, that his father, Suresh Deolekar, worked in the railway department and had the authority and acquaintance with officials to secure a job for the complainant’s wife. Believing the accused’s proposal, the complainant paid Rs. 8,00,000. From March 2016 to April 2016, the complainant paid Rs. 4,10,000 to the accused in installments, but the accused failed to secure a railway job for the complainant’s wife.
As a result, the complainant demanded the accused return the money. Accordingly, Deolekar issued a cheque against his debt and liabilities and assured the complainant that the cheque would be honoured.
In September 2021, the complainant again requested the accused to repay the amount, but the accused refused. Subsequently, a cheque for Rs. 8,20,000 was issued to the complainant, but it was dishonoured with the reason “funds insufficient” on October 6, 2021. Aggrieved by the failure to recover the money, Shukla filed a case before the JMFC in 2021.
