1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3767 OF 2008 Satish Vishwanathan & Ors. .. Applicants. Vs. State of Maharashtra .. Respondent. Mr.Shirish Gupte with Ms.Sharmila Kaushik for the applicants. Mr.J.P.Yagnik A.P.P. for the State. Mr.Shreevan Shirsat for the complainant. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 21ST NOVEMBER, 2008. DATED : 21ST NOVEMBER, 2008. DATED : 21ST NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and complainant and learned A.P.P. for the State. 2. The applicant are seeking bail in C.R.No.35 of 2008 of Vaduj police station, Dist.Satara. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 420, 406 r/w 34 of the IPC. 3. The applicants are Directors of M/s.Overseas Beverages Pvt. Ltd., Goa, (for short "the said company"). The said company has been in the business of Blending and Bottling Indian Made Foreign Liquors. They are also in the business of exporting liquor filled in Sachets. M/s.Stationery Point India Ltd. (for short "SPIL") manufacture flexible packaging laminates (for short "laminates"). The said company 2 2 2 started business with SPIL from 26.4.2007 with the requirement of laminates for their export orders. The SPIL supplied laminates to the said company of worth Rs.70 Lacs. There is no dispute between the parties about the laminates supplied worth Rs.50 Lacs. According to the said company due to inconsistency of quality of laminates, they started receiving complaints from M/s.Sanzi Group of Importers and Exporters through whom they export packaged liquor. The said company, therefore, sent back the goods/laminates worth approximately Rs.10 Lacs to SPIL and the goods worth approximately Rs.9 Lacs could not be used by them being defective. A lot of correspondence was exchanged between the parties. 4. It is against this backdrop, according to the applicants, they did not make payment of the defective laminates supplied by SPIL and that gave rise to the present complaint against the applicants. Mr.Shirsat, learned counsel for the complainant-SPIL invited my attention to the correspondence annexed to the affidavit filed by the complainant to contend that a dishonest intention of the applicants is clearly reflected in the letters. He submitted that the applicants never responded to their letters stating that the goods were defective. The complainant has also denied the receipt of the goods/laminates of Rs.10 Lacs. Having considered the rival contentions 3 3 3 of the parties, prima facie, it appears to be a dispute of civil nature. However, I would not like to say so since the investigation is going on. It is open to the investigating agency to investigate the offence further and file charge-sheet if they so desire. In any case custodial interrogation in such case is not necessary. Hence, I am inclined to grant this application for anticipatory bail. . In the event of arrest, the applicants to be released on bail in the sum of Rs.50,000/- each with one or two sureties of the like amount subject to condition that applicant no.1 shall report to the concerned police station on four Saturdays commencing from 29th November, 2008 between 10 am and 12 noon and thereafter as and when called. Insofar as applicant nos.2 to 5 are concerned they shall report to the concerned police station as and when called by the police. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)