DEEPAK N VORA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) S. S. Parkar, J.- Heard Mr. Ponda for the applicants and Mr. Tulpule P. P. for the respondent-State

(2.) THIS application for anticipatory bail is filed by the applicants against whom the complaint is filed under Section 138 of the Negotiable Instruments Act, in respect of the payments due from these applicants to the complainant. The applicants-Company had issued 32 post-dated cheques, each for a sum of Rs. 1,59,365/- for purchase of boiler. Out of the said 32 cheques, 1 cheque have been honoured in November, 1994 and May, 1995. The complaint came to be filed in the Magistrate's Court for the dishonour of some cheques and the investigation under Section 156 (3) of cr. P. C. was ordered by the learned Magistrate 33rd Court, Ballard Estate, Bombay, for offence under Section 420 of I. P. C.

(3.) ONE Mr. Rajesh Vora was arrested on 1. 10. 1996. Apprehending their arrest, these applicant had also applied for anticipatory bail in the Sessions Court, when they were directed to approach the Magistrate. The said Rajesh Vora arrested on 1. 10. 1996 was released on bail on 4. 10. 1996. Their application for bail before the learned Addl. Chief Metropolitan Magistrate, 37th Court, Eshplande, Bombay, made pursuant to the direction of the Session Court, was rejected on 18. 10. 1996 and, therefore, this application for anticipatory bail is filed.