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Bombay High CourtAPPLN/41/2019others disposed off

Suresh Kumar Balkrishna Modi v. The State Of Maharashtra And ANR

2020-01-13Hon'Ble Shri Justice Sandeep Kashinath Shinde2 pages

Rane 1/2 APPLN-41-2020 (SR.27) 13 January, 2020.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 41 OF 2019 Suresh Kumar Balkrishna Modi .Applicant ...

v/s.

The State of Maharashtra and Ors.

.Respondents ...

**** Ms. Pooja Joshi i/by. Mr. A.M. Saraogi, Advocate for the applicants.

Ms. Rutuja Aambekar, APP for the State.

PSI, Mr. Sharad Nimale, MIDC, Police Station present.

CORAM : SANDEEP K. SHINDE, J.

13TH January, 2020.

P.C. :

1.

Heard.

2.

It is an application for cancellation of order dated 12 th July, 2018 whereby respondents no.2 and 3 have been granted pre-arrest bail by the learned Additional Sessions Judge, Dindoshi, Borivali Division, Mumbai.

Rane 2/2 APPLN-41-2020 (SR.27) 13 January, 2020.

3.

I have perused the order. It appears, the accused-respondents no.1 and 2 had issued cheques for the value of goods allegedly supplied by the informant to the respondent. It also appears, the informant has filed proceedings under Section 138 of the Negotiable Instruments Act against the respondent-accused. On the aforesaid premise, learned Court found it was a commercial transaction and therefore anticipatory bail was granted to the respondents.

4.

I do not see any infirmity or illegality in the order.

5.

The learned Counsel for the applicant submits that, complainant has filed independent proceedings seeking transfer of investigation. No other grounds are urged in support of the application.

6.

In view of the facts of the case as stated, the Application is rejected.

(SANDEEP K. SHINDE, J.)