..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4128 OF 2008 Mani Tiawri. ..Applicant. Versus The State of Maharashtra and Anr. ..Respondents. .... Mr.Ashok Bhatia, Advocate for the applicant. Mr.Y.M.Nakhwa, APP,for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 26th November, 2008. DATED : 26th November, 2008. DATED : 26th November, 2008. P.C.: 1. Heard the learned Advocate for the applicant - orig.accused and the learned APP for the State. 2. The applicant is an accused in FIR No.119 of 2008 of Meghwadi police station. The said case is under Sections 364(A), 382, 143, 144, 147, 149 read with 34 of Indian Penal Code and under Sections 3 & 25 of the Arms Act. 3. It is the prosecution case that the complainant Sujeet Dubey had some dispute with the applicant. On 29.5.2008 applicant along with some other persons ..(2).. forcibly made the complainant and his father sit in a Tata Sierra. Coaccused Rajkumar Tiwari pointed a country-made pistol at the complainant and told them not to make any noise. Thereafter they were taken to the house of applicant. In the said house about 7-8 persons were there. All the doors and windows were closed. The complainant was threatened as to when he would give Rs.21 lakhs which he had taken for business purpose. The complainant stated that he did not know about such amount. Thereafter chopper was placed on the neck of the father of the complainant and signature of the complainant was taken on four blank papers and on one stamp paper of Rs.50/-. Thus signatures of the complainant were taken on the blank papers and on stamp paper. Thereafter demand was made from the complainant for a cheque of Rs.19 lakhs and the complainant was taken to his house where cheque of Rs.19,92,000/- was taken from him. Thereafter, the complainant was threatened and allowed to go. The said cheque was deposited by the applicant in Axis bank, Goregaon(East) branch on 30.5.2008 in S.B.a/c. No.373010100140362. 4. As FIR came to be lodged by the complainant, during investigation the above mentioned cheque came ..(3).. to be seized by the Investigating Agency from Axis Bank. It may be stated here that the said cheque was not honoured on account of stop-payment instructions given by the complainant. 5. The prayer of the applicant, who is the main accused, is that the said cheque be represented by the Investigating Agency in the account of the applicant in Axis Bank, Goregaon (East) Branch, Mumbai for encashment and in case the said cheque is not honoured, the Bank be directed to hand over the dishonoured cheque, the return memo and advices to the investigating agency. 6. It is seen that the case of the complainant is that the said cheque was obtained from him under threat. The cheque is seized in an offence which is a Sessions triable offence and the cheque in question is a material piece of evidence in the said case. If the said cheque is deposited in the Bank, the prosecution will loose material piece of evidence in this case. Moreover, it is seen that there is serious dispute whether the amount which is shown in the cheque is outstanding with the complainant or not, and if as per the prayer of the applicant ..(4).. directions are issued to the investigating agency to deposit the said cheque in the account of the applicant then it would seem that the right of the parties is decided and the case of the applicant is accepted. Hence, such directions cannot be passed. Moreover, it is seen that the cheque had been deposited in the bank account and it has already been dishonoured. It was for the applicant at that point of time to take necessary steps in respect of dishonour of cheque. However, no steps have been taken by him in respect of cheque at that point of time and now at this belated stage the applicant is seeking that the cheque be represented so that it may be dishonoured and then he may pursue his remedy against the present complainant under Section 138 of Negotiable Instruments Act. 7. Looking to the fact that it is the case of the complainant that the said cheque as well as signatures on blank papers and stamp paper was obtained from him under threat and the fact that the trial is yet to begin, the said cheque cannot be returned to the applicant. In the facts of the present case the prayer of the applicant cannot be allowed. Criminal Application is rejected. ..(5).. 8. At this stage, the learned APP, on instructions, states that Xerox copy of the said cheque and the stop payment notice received by the bank will be handed over to the applicant within a week from today. The said statement is accepted. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)