Sonia Pal v. State Of Maharashtra

SMITA JOHNSON GONSALVES SMITA JOHNSON GONSALVES Date: 2025.08.21 21:05:51 +0530 sg 7.aba375-25.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.375 of 2025 Sonia Pal ... Applicant versus The State of Maharashtra and Anr ... Respondents ---- Dr Uday Warunjikar, a/w. Mr Akshay Bhalerao, Mr Anoop Pal, Ms Seema Gupta and Ms Aishwarya Towar, for the applicant. Mr SV Walve, APP, for respondent No.1/ State. Mr Shashikant Sansare, for respondent No.2, through VC. PSI NB Kshirsagar, Vimantal Police Station, Pune City, is present.

---- Coram: R.N. Laddha, J.

Date: 21 August 2025.

P.C.:

.

Heard the learned Counsel for the applicant, the learned Counsel for respondent No.2, and the learned APP. 2.

The learned Counsel for the applicant submits that the FIR, prima facie, does not disclose any criminal offence, and instead, turned the proceedings into a recovery mechanism. To constitute an offence of cheating, there has to be something more than prima facie record to indicate that the intention of __________________________________________________ 21 August 2025

sg 7.aba375-25.docx the accused was to cheat the complainant right from the inception.

3.

The plain reading of the FIR does not disclose any element of criminality. The complainant, in his reply affidavit, has categorically admitted that he received Rs.18,10,000/- from the applicant by way of interest. According to the learned Counsel, even if the applicant own money to the complainant under any agreement, that, alone did not constitute the offence of cheating unless there was intent to cheat from the beginning. 4.

By consent, stand over to 16 September 2025. There shall not be any coercive action against the applicant in the present crime till the next date.

(R.N. Laddha, J.) __________________________________________________ 21 August 2025