SHRAVANSINGH PREMSINGH RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is arrested on 3rd May 2006 in C.R.No.84 of 2006 registered with V.P.Road Police Station. The charges are of forgery.

(2.) It is not disputed that the investigation is complete and charge is filed. Mr.Ponda, learned Counsel appearing for applicant submits that the prosecution case is that the applicant was serving at their shop and was incharge of the bank transactions. It is alleged that the partners as also informant were keeping their passbooks as well as cheque books with the applicant. Some signed cheques were kept and it is revealed that the applicant has misused them and withdrawn an amount of Rs.24 lakhs from the bank accounts of informant and others. Thus the charge is misappropriation as also forgery.

(3.) He submits that the learned trial Judge was in error in rejecting the application. The entire judgment of the trial court proceeds on the basis that the application cannot be considered because of the fetters on the discretion which has to be exercised by the learned Magistrate.