Manoj S/O Madhusudan Agrawal And ... vs State Of Mah. Thr. ...
2021 Latest Caselaw 1747 Bom

909A30.2021.odt                                                                                 1



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                     CRIMINAL APPLICATION (ABA) No. 30 OF 2021

     (Manoj S/o Madhusudan Agrawal and anr. .Vs. State of Maharashtra, thr. Police-in-
    charge of Khamgaon City Police Station, Khamgaon, Tq. Khamgaon, Dist. Buldhana)
    ____________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions            Court's or Judge's orders.
and Registrar's Orders.

                              Shri S.V. Manohar, Senior Advocate with H.R. Gadhia, Advocate
                              for the Applicants.
                              Shri M.J. Khan, APP for the respondent - State.


                              CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 27th JANUARY, 2021.

Heard.

2. Issue notice to the respondent, returnable after four weeks.

3. Shri. Khan, learned APP waives notice for the respondent - State.

4. Shri Manohar, learned Senior Counsel urged for interim protection. The applicants are apprehending their arrest in connection with Crime No. 613/2020 dated 18/12/2020 registered at Police Station Khamgaon, Tq. Khamgaon, Dist. Buldhana for the offence punishable under Sections 406, 420, 407 and 471 read with Section 34 of the Indian Penal Code.

5. It is stated that the applicants along with the informant - Ramesh Shrimantappa Gorshette, constituted a partnership firm under the name and style of "Kulswamini Corporation", and the main object of the said firm was to supply fly ash from Thermal Power Station and Transportation.

6. It is stated that the present crime is the counter blast to the F.I.R. which was lodged by the present applicants against the complainant on 03/03/2020.

7. It is alleged that the applicants have failed to account for firms monies and also fabricated letter heads of the firm. Shri Manohar, learned Senior Counsel submits that failure of the partners to account for firm monies does not amount to criminal breach of trust and a partner using firms asset for his own purpose may be accountable civilly but will not be liable to be prosecuted for misappropriation. It is also submitted that mere usage of any letter head of the firm, offence of forgery cannot be said to have been committed.

8. In support of his submissions, Shri Manohar, learned Senior Counsel relied on the judgment of the Hon'ble Supreme Court in the case of Velji Raghavji Patel Vs. State of Maharashtra, reported at 1965 Mh.L..J. 487.

9. Considering the aforesaid submissions, this Court is inclined to grant ad interim protection to the applicants, till final disposal of this application, on the following conditions:-

i. In the event of arrest of the applicants, in Crime No. 613/2020, Police Station Khamgaon, Dist. Buldhana, they shall be released on anticipatory bail on their furnishing PR bond in sum of Rs.20,000/-(rupees twenty thousand) with one surety in the like amount.

ii. The applicants shall co-operate during investigation and make themselves available as and when required by the Investigating Officer.

JUDGE

C.L.Dhakate