NITA RATNAKAR MAHAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.284 of 2020 registered with Dindori Police Station, Nashik for offences punishable under Ss. 120-B, 406, 420, 191, 192, 193, 427, 468, 463, 464, 465, 471, 474, 504, 506 read with Sec. 34 of the Indian Penal Code, 1860, the applicant is seeking relief of pre- arrest bail under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) According to the informant, she and applicant were the partners of Nitidnya Steel Metal which deals with the business of stone crusher. She was misguided by the informant and one Mr. Rajendra Shelke to invest money in their business. The informant, therefore, was promised to receive yearly profit of Rs.35.00 to Rs.40.00lakh. Accordingly, the informant and applicant entered into partnership on 25/10/2011. The informant invested amount of Rs.1,17,25,000.00 by cheque or RTGS as a capital of the partnership firm. Subsequently, the applicant neglected to furnish accounts of said firm to the informant. The cheques issued by the applicant towards profit of the firm were dishonored. By forging partnership documents, new firm was created and bank account was opened with ICICI Bank. According to informant, therefore, amount of Rs.8,10,00,000.00 was misappropriated by the applicant out of the funds of the partnership firm.

(3.) The applicant, therefore, filed an application under Sec. 438 of the Criminal Procedure Code, 1973 before the learned Sessions Judge which came to be rejected by order dtd. 10/6/2022. The applicant, therefore, filed present anticipatory bail application.