LAWS(BOM)-2008-9-249

RAJKUMAR TIWARI Vs. STATE OF MAHARASHTRA

Decided On September 04, 2008
RAJKUMAR TIWARI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD the learned advocate for the applicant and the learned A.P.P. for the State.

(2.) THE applicant is seeking anticipatory bail in CR No.119 of 2008 of Meghwadi Police Station, Mumbai.

(3.) THE learned advocate for the applicant has submitted that this is a false case as the amount demanded was Rs.21 lakhs, however, cheque was only for Rs.19,92,000/-. In my opinion, just because the amount filled in the cheque was Rs.19,92,000/-, this would not necessarily suggest that it is a false complaint. THEreafter, it was submitted that though the cheque was taken on 29.5.2008, it was deposited in the bank on 30.5.2008. THE learned advocate for the applicant submitted that if the cheque was taken on 29.5.2008, it ought to have been deposited in the bank on the very same day. However, it is seen that the complainant and his father were abducted at about 11.45 a.m. and thereafter they were taken to some other place. THEreafter, the complainant was brought to his house at 3 p.m. THEreafter, the cheque was handed over, hence, in such circumstances, even if the cheque was put in the bank on the next day, it would not be a cause for any suspicion.