ASHESH GORADIA Vs. ANISH D SHAH

JUDGEMENT

(1.) HEARD Mr. Naphade, learned senior counsel for the petitioners, Mr. Shirodkar, learned senior counsel for respondent nos. 1 to 3 and Mr. Deshpande, learned A. P. P. for the respondent-State.

(2.) BY this petition, the petitioner-original complainant (for short, "petitioner") is seeking cancellation of an anticipatory bail granted by the Sessions Court by order dated-8-12-2003 in the crime registered as MECR No. 13/2003. The petitioner had filed a complaint on4-12-2003 before the learned Magistrate which came to be registered as C. C. No. 929/misc/2003. The complaint was forwarded by the learned Magistrate for investigation under section156 (3) of Cr. P. C. to the L. T. Marg Police Station which registered the crime as MECR No. 13/03 for the offence punishable under sections 420 read with 34, 120-B of the Indian Penal Code.

(3.) THE cancellation of the anticipatory bail in the instant petition is sought mainly on the ground that the respondent had, fraudulently, obtained the blank cheque duly signed by the petitioner with the help of Vinod Kapasi, employee of the petitioner, purportedly issued by the father of the petitioner in favour of the respondent for Rs. 79,87,126-00 showing that as payment towards the supply of diamonds by the respondent to the petitioner's father. Mr. Naphade, learned senior counsel for the petitioner, submitted that it is inconceivable that the petitioner would issue cheques of Rs. 79,87,126/- when the amount of Rs. 44,50,000/- was due from the respondent and that the six cheques of the respondent were dishonoured and for which the proceedings under section138 were initiated by the petitioner against the respondent. He further submitted that this shows that the respondent has tremendous capacity to fabricate the evidence and create false defence in the instant case. According to Mr. Naphade, this act of the respondent is nothing but an interference in the administration of justice. On my specific query to Mr. Naphade, he submitted that the petitioner has already lodged an independent complaint against his employee Vinod Kapasi for fraudulently obtaining the petitioner's signatures on the cheques and issuing the same in favour of the respondent for Rs. 79,87,126/ -. THE investigation in the said complaint is in progress. Mr. Deshpande, learned APP, on instructions, submitted that in the subsequent complaint filed against Vinod Kapasi, he has obtained an interim bail and that his application for anticipatory bail would come up for hearing in the next week. He further submitted that if it is revealed that the respondent also had connection with the offence registered against Vinod Kapasi or that he was hand in glove with Vinod Kapasi, the investigating authority shall rope in the respondent in the said crime. It is in this backdrop of the case, what falls for my consideration in the instant case is whether the anticipatory bail granted by the Sessions Court could be cancelled. My answer is in the negative.