Sunita W/O. Lokesh Jain And Another v. State Of Maharashtra Thr. Police Station Officer, Ramdaspeth Akola

2203aba149.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.149 OF 2017 (Sunita w/o Lokesh Jain and another vs. State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri D.V Chauhan, Advocate for applicants.

Shri A.V. Palshikar, Additional Public Prosecutor for respondent.

Shri A.M. Ghare, Advocate for intervener.

------- CORAM : P.N. DESHMUKH, J.

DATED : MARCH 22, 2017 Heard Shri Chauhan, learned Counsel for applicants, Shri Palshikar, learned Additional Public Prosecutor for respondent and Shri Ghare, learned Counsel for intervener.

Admittedly, compliance of order dated 9/3/2017 passed by this Court is done by applicants by depositing amount of Rs.3,60,000/- by a consolidated Demand Draft in Registry of this Court.

Applicants have approached this Court seeking protection from arrest in Crime No.343/2016 registered by Police Station, Ramdaspeth, Akola for the offences punishable under Sections 406 and 420 read with Section 34 of Indian Penal Code.

Perusal of the report reveals that same came to be lodged by complainant contending that applicants are running a Travel Company and complainant in March 2015 had requested them to book tickets, visa, etc. and for that purpose, made payment of Rs.3,60,000/-. However, for some reason, tour could not

2203aba149.17 2/2 be materialised and amount was refused to be refunded back and, therefore, report is lodged and as aforesaid, offences came to be registered.

This Court while granting interim protection to applicants, issued direction to applicants to deposit Rs.3,60,000/-, which also included amount of Rs.1,20,000/-, which was stated to be refunded by applicants to complainant. However, since complainant disputed that aspect, applicants without prejudice to their rights, have deposited said amount along with Rs.2,40,000/-. Thus, total amount deposited by applicants comes to Rs.3,60,000/-.

Shri Palshikar, learned Additional Public Prosecutor submits that investigation is in progress. Having considering facts involved in the case and since amount referred above is secured and lying in Registry of this Court, interim order needs to be confirmed. Hence, following order :

Interim order dated 6/3/2017 passed by this Court stands confirmed on the same terms and conditions with further direction to applicants to attend Investigation Officer, if called, till filing of charge-sheet. Registry of this Court shall invest amount deposited by applicants in a fixed deposit with any nationalised Bank for a considerable period.

The criminal application is accordingly allowed.

JUDGE khj