1 criapln2158-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2158 OF 2011 1] Dr.Govindsingh Fulchand Rajput & Anr. .. APPLICANTS Vs 1] The State of Maha. .. RESPONDENT ... Shri B.R.Warma h/f Shri S.S.Agrawal,Adv. for applicants. Shri G.R.Ingole,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 22/06/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.34/2011 registered in Sillod city police station, Dist.Aurangabad, for offences punishable under Sections 420 r.w. 34 of I.P.C. Papers of investigation were made available by A.P.P. Heard both sides. 2] The report is given by one Laxminarayan Zalwar against present applicants that present applicants wanted to purchase landed property 2 criapln2158-11 in Aurangabad and they were in need of some amount. He has contended that he gave them hand loan of Rs.18.25 lakhs and by way of security, applicants gave him cheque of the amount and also bond in respect of the amount in presence of witnesses. He has contended that this transaction took place on 31/1/2011 and when he presented the cheque for encashment on 23/2/2011, the cheque bounced as the applicants had informed the bank not to encash the cheque. He has contended that subsequent to bouncing of cheque, he approached applicants and requested them to return the amount but they flatly refused to return the amount. 3] Advocate for applicants submitted that at the most, the case will fall under Section 138 of Negotiable Instruments Act and from the circumstances, intention to cheat as required for Section 420 of I.P.C., cannot be inferred in this case. He has produced the record like copy of notice given to the original complainant in which the cheque and the bond were demanded back by contending that actually the amount was not taken by the applicants. 4] For applicants, some reported cases were cited like : [1] 2007 [7] S.C. 302 [Rajinder Singh Katoch V/s Chandigarh Administration & Ors]; [2] 1972 Cri L.J. 1243 S.C. [ The State of Kerala V/s A. Pareed Pillai & Anr.] ; [3] 2008 DGLS [soft] 31 S.C. Suryalakshmi Cotton Mills Ltd. V/s Rajvir Industries Ltd. & Ors.] ; [4] 2010 (1) DCR 262 [M/s 3 criapln2158-11 Eicher Tractor Ltd. & Ors. V/s Harihar Singh & Anr.] ; and [5] 2010 (1) DCR 401 Kerala High Court [V.J.Prakashan V/s Vasudevan]. 5] The facts and circumstances of each and every case are always different. It was submitted in this proceeding that no private complaint is filed under Section 138 of Negotiable Instruments Act by the complainant and he has only approached police for registration of crime for offence punishable under Section 420 of I.P.C. Advocate for applicants submitted that in F.I.R. offence under Section 138 of N.I. Act is also mentioned. In any case, separate procedure is provided for taking cognizance of the offences committed under Section 138 of N.I.Act. Only from the facts and circumstances of the particular case, inference can be drawn as to whether there was intention to deceive right from beginning. At present, there are 2 documents against present applicants and there is presumption under Section 118 of N.I. Act. This material is sufficient to make out prima facie case for offence punishable under Section 420 of I.P.C. The things would have been different, if there was no such reply from the present applicants. A.P.P. also submitted that one more offence under Section 420 of I.P.C. was registered in the past against present applicants and 4 offences under different provisions are also registered. In the present matter, aforesaid material viz. 2 documents and reply given by applicants is sufficient to make out prima facie case and so it is not fit case for grant of anticipatory bail. Application stands rejected. No 4 criapln2158-11 interim relief. Advocate for applicants orally requested for extension of interim relief, as he wants to approach Apex Court, but it is not fit case to grant further interim relief also. Hence, oral prayer for extension of interim relief stands rejected. [T.V.NALAWADE,J.] umg/criapln2158-11