AMARSHI MANSHI NASAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this application, the applicant seeks bail in connection with MECR No.23/2009 registered by M.R.A. Marg Police Station, Mumbai.

(2.) THE offence alleged is that of cheating and criminal breach of trust punishable under sections 406, 408, 409 and 420 of the I.P.C. The applicant was a director of M/s Genelec Ltd. (for short "the Company") which is alleged to have been cheated. The offence is alleged to have taken place in the year 2007 or thereabout. No FIR was lodged. But an application was made by another director of the Company to the Magistrate for an order of investigation under section 156(3) of the Cr.P.C. An order under section 156(3) of the Cr. P.C. was passed exparte. During the course of investigation, the applicant has been arrested on 19th December 2009 and is in custody since then.

(3.) IN the circumstances, the legality of the order passed by the Magistrate is in doubt and would be required to be considered at the appropriate stage before the appropriate court.