1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5370 OF 2009 Hukum Singh Prithvisingh Rao ...Applicant vs. The State of Maharashtra ...Respondent Mr.Shyam Keswani and Mr.Anand Jondhale i/b. Mr.Ganesh S. Shelar for the Applicant. Mrs.M.R. Tidake, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 19, 2009 P.C. :- 1 Heard the learned Counsel for the applicant and the learned APP for the State. 2 The applicant has been arrested in connection with an offence punishable under Sections 420, 465, 467, 468, 471 read with 34 of the IPC. 3 The applicant is a shopkeeper and is carrying on business of electronic items in the name 2 and style of Welcome Electronics . The applicant is the proprietor of business of selling electronic items such as LCD, Computer, Desktop, Laptop, Mobile, etc. According to the prosecution, the applicant was given an Electronics Data Capturing (EDC) machine. The EDC is a facility provided to the users of a debit card or a credit card for the purpose of purchasing goods from a shop and whenever a card is handed over to the shopkeeper after the purchase of goods from his shop, the said card has to be swiped on the said machine which is connected with the bank and the transaction is then approved by the bank which verifies the details of the credit card. Prosecution case is that if the amount of transaction exceeds Rs.7500/-, in that event, the shopkeeper has to ask for customer identification documents and only after verifying the identity o the customer, the said card has to be swiped on the EDC machine. According to the complainant bank, the applicant had sold goods worth Rs.5,96,289/- and later on, the bank realised that the customer 3 identification documents which were supplied by the applicant were bogus documents and complaints were also received from the true visa and master card holders. The applicant, therefore, on this allegation was arrested by the police on 30th August, 2009. 4 Shri Keswani, learned Counsel for the applicant submitted that there is no material produced by the prosecution to connect the present applicant with the bogus card holders who had swiped their cards on the EDC machine after purchasing goods from his shop. He submitted that the bogus customer identity documents were given by the customers and therefore, it was not possible for the applicant to verify whether these documents are genuine or not. He submitted that in the absence of any material to connect the present applicant with the said bogus card holders, no case was made out against him for the commission of the offence of Sections 420, 465, 467, 468, 471 of the IPC. 4 5 The learned APP appearing on behalf of the State vehemently opposed the application for bail. She submitted that the applicant was also involved in similar offences and four cases were pending against him. She has filed affidavit in reply in which she has given the list of the said four cases which are pending against the present applicant. 6 In rejoinder, Shri Keswani, learned Counsel for the applicant submitted that so far as Goa case is concerned, it was under the local Goa Police Act and it had nothing to do with the offence under IPC. He submitted that so far as case which is registered at Malad Police Station was concerned, the machine did not belong to the applicant and so far as other two cases are concerned, he submitted that it was arising out of the present transaction and one was registered with the Crime Branch and the other was registered with Samta Nagar Police Station. 5 7 After having heard both the learned Counsel, for the applicant and APP for the State, at length, in my view, the applicant deserves to be released on bail. The applicant is having a shop in Kandivali since last about seven years and in my view, no material has been brought on record to show that the said bogus cards which were used by his customers had any nexus with him. Further, the applicant had a savings accounts with the ICICI Bank in which an amount of Rs.2,51,599/- was deposited by him and the said account has been frozen by the ICICI Bank. 8 Shri Keswani, learned Counsel for the applicant has also pointed out that in the past, the applicant had business with the said bank and the turnover was to the tune of about Rs.40 lacs and no complaint ever was received against the applicant herein. Further, charge sheet now has been filed and the EDC machine also has been seized by the ICICI Bank. The applicant is in custody since last about 6 four months. The police have not arrested the persons who had used these bogus cards on the EDC machine of the applicant. 9 The applicant, therefore, be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a month. 10 Application is disposed of. (V.M. KANADE, J.)