*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3299/2009 Ananda Kondiba Umape. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.Vinod Wagh, Advocate for the Applicant. Ms.P.P. Shinde, A.P.P., for the Respondent/State. Ms.Bansuri Swaraj, Advocate i/b Mr.Niranjan Mundargi, Advocate for the original Complainant. ............... CORAM: A.P.DESHPANDE, J. Dated 07th October, 2009. PC:- 1 The present application is moved under Section 438 of the Code of Criminal Procedure in Crime No.02/2008 registered with Kurla Police Station for the offences punishable under Sections 420, 465, 466, 467, 468, 471 r/w 34 of the Indian Penal Code. 2 According to the prosecution, the Complainant and the present Applicant jointly purchased a tempo for Rs.4.75 Lac sometime in January, 2005 from Kamal Motors, Nerul, New Mumbai. The Complainant has allegedly paid a sum of Rs.85,000/- and for the balance amount, had obtained the loan from Tata Finance. The vehicle was purchased in the name of Complainant, however, the vehicle was entrusted with the brother of Applicant for operating the same. Later on the Applicant purchased the vehicle *2* and handed over a cheque of Rs.2.24 Lac to the Complainant, however, when the same was presented for encashment with the Central Bank of India, the said cheque came to be dishonoured prompting the Complainant to file the proceedings under Section 138 of the Negotiable Instruments Act. During the pendency of proceedings under Section 138 of the Negotiable Instruments Act, the Applicant filed an affidavit in the Court stating therein that he had paid a sum of Rs.1.40 Lac to the Complainant. The Trial Court convicted the present Applicant and aggrieved by the order of conviction, the Applicant preferred Criminal Revision No.581/2008 before the Sessions Court and the same is pending. The sentence has been suspended by the Revisional Court subject to deposit of an amount of Rs.40,000/-. When it was transpired that the affidavit filed by the Applicant in the proceedings under Section 138 of the Negotiable Instruments Act was forged document and did not bear the signature of Complainant, the present First Information Report has been registered consequent upon the order passed under Section 156(3) of the Code of Criminal Procedure. The Applicant’s application moved before the Sessions Court for anticipatory bail came to be rejected. Hence, the present application before this Court. 3 On notice being issued, the learned counsel for the Complainant, as well, has put in appearance and she is also heard in the matter having regard to the nature of controversy. 4 On the last date, the learned counsel for the Applicant has sought time to obtain the instructions from his client as to whether the Applicant is ready and willing to deposit the balance *3* amount of Rs.1.84 Lac in the Sessions Court in Criminal Revision No.581/2008 so that the entire amount of the Complainant can be secured. 5 Today, the learned counsel for the Applicant submits that the Applicant is ready and willing to deposit the amount of Rs.1.84 Lac in the pending Criminal Revision No.581/2008 in the Sessions Court. 6 In that view of the matter and having regard to the facts and circumstances of the present case, I am of the view that the Applicant is entitled to be granted anticipatory bail on the condition that he shall deposit an amount of Rs.1.84 Lac. 7 The learned counsel for the Applicant makes a statement that the Applicant would deposit a sum of Rs.1.84 Lac in Criminal Revision No.581/2008 in the Sessions Court within a period of three months from today. 8 The statement made by the learned counsel for the Applicant is accepted. 9 In the result, I pass the following order:- (a) In the event of arrest of the present Applicant in Crime No.02/2008 registered with Kurla Police Station for the offences punishable under Sections 420, 465, 466, 467, 468, 471 r/w 34 of the Indian Penal Code, he shall be released on bail on executing a personal bond in a sum of Rs.25,000/- with one or two sureties in the like amount. (c) The Applicant shall attend the concerned Police Station for a period of one week daily in between 4:00 to 6:00 pm and co- operate with the investigation. *4* (d) The Applicant shall abide by the conditions stipulated under Section 438(2) of the Code of Criminal Procedure. (e) The Applicant shall file the receipt in the Trial Court indicating deposit of Rs.1.84 Lac in Criminal Revision No.581/2008, within a period of one week from the date of deposit of amount. (f) The Application is allowed and disposed of accordingly. -sd- (A.P. Deshpande, J)