SUDARSHAN L.RATHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal application is filed challenging the order dated 28th June 1996 passed by the learned Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay whereby the application of this petitioner was partly allowed and there was order for return of the motor car Nos.MH-12-W-1390 and MH-12-W-1891 Maruti-1000 on executing bond of Rs.9,00,000.00 on usual terms and conditions and on the further condition that the petitioner returns back the bounced cheques as well as other cheques not presented to the Bank pertaining to the cars of the accused. The petitioner also challenged the portion (c) of the said order for return of computers to the Respondent No.3 on execution of bond of Rs.30,74,000.00.

(2.) SO far as the return of the computers is concerned the order cannot be shaken inasmuch as the computers had been taken from the custody of Respondent No.3 and, therefore, it was quite just and proper that the same are returned to Respondent No.3 on execution of bond as ordered.

(3.) MR .Bagaria is right and on behalf of the respondent-accused Mr.Gupte was not in a position to point out that those cheques pertained to the cars or were tendered by way of price of cars nor he has been able to point out any other cheques which were executed by his clients in favour of the petitioner.