GEETA JAYDEEP KHER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R.No.07 of 2018 registered with Vishrambaug police station for the offences punishable under Ss. 406, 408, 409, 420, 465, 467, 468, 471, 472 r/w 34 of the Indian Penal Code , 1860 (for short ' IPC '), applicants have filed present anticipatory bail application seeking relief of pre-arrest bail under Sec. 438 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .).

(2.) One Geeta Jaydeep Kher lodged a report alleging that her husband and applicant No.1 were college friends. In August 1999, the applicants said to the informant and her husband that they had experience in the business of Saree and Dress materials and offered to start a partnership business in the name of their wives. Accordingly, on 10/10/1999, a partnership deed was executed between the informant and the applicant No.2 name M/s Pratima Silks. The profit share was agreed to be equal. The informant and applicant No.2 opened a bank account with City Union Bank, and in the year 2003, another account was opened with HDFC Bank. According to the informant, she signed blank cheques and handed over those cheques to the applicants. Applicants were looking after the entire business and obtaining informants' signatures whenever required.

(3.) Applicants acquired a Debit and Credit Card swiping machine from HDFC Bank in 2003-2004. The amount deposited in the account of the partnership. However, in 2010, the informant and her husband realized that most of the cheques of M/s Pratima Silk were issued in the name of M/s. K.K. Enterprises. On enquiry, it was revealed that the applicants are the partners of M/s. K.K. Enterprises. The informant confronted applicant No.1 on this he gave reasonableness answers. The informant demanded accounts from the applicants. However, applicants avoided furnishing accounts. According to informant applicant No.1, in connivance with Vijay Tilekar, Ravi Kunden and V. Ramesh (working staff of M/s. Pratima Silks tampered with the bill books, printed various books appearing the same number, generated false bills, and showed sale profit. In July 2017, the informant and her husband came to know about an account opened by the applicants in the name M/s. K.K. Enterprises in Axis Bank and another account with Bank of India, which were in the name of applicant No.2, where the amount obtained from the swiping machine was deposited. It is alleged that on 30/3/2016, applicant No.2 transferred an amount of Rs.9.00 lakhs by way of blank cheques signed by the informant. Apprehending arrest applicants have filed applications under Sec. 438 of Cr.P.C. before learned Sessions Judge, which came to be rejected by an order dtd. 10/1/2022. Aggrieved thereby, the applicants have filed the present anticipatory bail application.