Vidyasagar Kallappa Khavate v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 803 OF 2022 Vidyasagar Kallappa Khavate .. Applicant Vs.

The State of Maharashtra .. Respondent Mr. Balwant V. Salunkhe for the applicant Ms. S. S. Kaushik, APP for the respondent - State Mr. Vijay Jadhav, API, Jodbhavi Police Station - present. CORAM : NITIN W. SAMBRE, J.

DATED :

23rd September, 2022 P.C.:

1.

Heard.

2.

The applicant is seeking pre-arrest bail in crime no. 343 of 2021 registered with Jodbhavi police station for the offence punishable under sections 420 & 34 of IPC.

3.

The applicant alongwith other co-accused has purchased seed oil cake from the complainant and a cheque was issued towards liability. Neither the cheque was honoured nor the amount was paid, as such offence in question.

4.

The contentions are, the complainant has an alternate remedy for recovery of an amount under section 138 of Negotiable Instrument Act and the proceedings are arisen out of akn 1/2

2/2 4.ABA.803.2022.doc contractual obligations.

5.

I have appreciated the said submissions.

6.

It is the fact that the applicant has taken delivery of seed oil cake from the complainant and has not paid the complete consideration which can be inferred from the records. 7.

A cheque issued by the applicant was also dishonoured. As such, the necessary ingredients of cheating are made out. 8.

As such, the application stands dismissed.

ANANT KRISHNA NAIK ANANT KRISHNA NAIK Date: 2022.09.26 11:32:08 +0530 (NITIN W. SAMBRE, J.) akn 2/2