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Bombay High CourtABA/847/2022application allowed

Kisan Gabaji Pawar And Another v. The State Of Maharashtra

2022-08-03Hon'Ble Shri Justice S. G. Mehare2 pages

911-ABA-847-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.847 OF 2022 KISAN GABAJI PAWAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Amit S. Savale APP for Respondent : Mr. S. B. Narawade ...

CORAM :

S. G. MEHARE, J.

DATE :

03-08-2022 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned APP for the respondent/State.

2.

The allegations levelled against the applicants reveal that the complainant and the applicants had the business transactions. It is case of the complainant that he has received part payment towards sale of fruits, but did not receive the balance amount from the applicants. The FIR also reveals that the complainant and the applicants have business transactions since last ten years. Some part payment is yet to be made. The FIR itself shows that it was a civil transaction and some amount has remained to be paid. In this situation, it is very difficult to accept that the applicants have cheated the complainant. Therefore, the application deserves to

911-ABA-847-22.odt be allowed. Hence, the following order :- i) The application is allowed.

ii) The interim protection granted by the order of this court, dated 11.07.2022 is confirmed on the same terms and conditions. ( S. G. MEHARE ) JUDGE rrd