MP 1 APPLN3894_09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3894 OF 2009 Malathesha Eshwara Shetty Moody ... Applicant Versus The State of Maharashtra and others ... Respondents CORAM : J. H. BHATIA, J. DATE : 30TH SEPTEMBER 2011 Mr. Sanjeev Kadam, Advocate for the Applicant. Ms P. P. Shinde, APP for Respondent Nos.1 and 2. Ms. Sharon Patole, Advocate i/b. Law Global for Respondent No.3. P. C. : Heard the learned Counsel for the parties. 2. The applicant seeks bail in Crime No. 125 of 2008 registered with Cuffe Parade Police Station for the offences punishable under Sections 460, 465, 471 read with Section 34 of the Indian Penal Code registered on the basis of a report lodged by respondent No.3. 3. It appears that the applicant is a branch manager of ING Vysya Bank, Opera House Branch, Mumbai. Respondent No. 3 had presented a demand draft of Rupees Two Crores purported to have been issued by Axis Bank, Bangalore, with the Opera House Branch of ING Vysya Bank, and being a high-valued demand draft, it was immediately cleared subject to further clearance by Axis Bank, Bangalore Branch. Not only this, the Axis Bank, Bombay Branch also cleared the demand draft subject to further clarification by its Bangalore Branch, and accordingly, the amount of Rupees Two Crores was credited to the account of respondent No.3 maintained with ING Vysya Bank, Opera House Branch, Mumbai. However, before the amount could be withdrawn from the account, Axis Bank, Bangalore Branch informed that the said demand draft was forged, and therefore, the applicant, as a manager of the ING Vysya Bank, Opera House MP 2 APPLN3894_09 Branch, stopped respondent No.3 from withdrawing the amount of Rupees Two Crores though it was credited to his account. Thereafter, respondent No.3 made complaint against the applicant and the offence came to be registered. 4. Ad-interim protection was given by the Sessions Court for some time. Thereafter, by order dated 27.08.2009, this Court had directed the police not to take any coercive action against the applicant pending this application. So far, no action has been taken. Prosecution is unable to state as to what offence is committed by the present applicant. 5. In view of the facts and circumstances as noted above, it appears that the applicant had only discharged his duties as a branch manager by stopping the withdrawal of amount. This application is pending for last more than two years with the aforesaid protection given by this Court. As still the police is not clear whether any offence is committed by the present applicant, in my opinion, this application may be disposed of with following directions: In case the police find it necessary to arrest the applicant for any offence on the basis of the report lodged by respondent No.3 in Crime No. 125 of 2008, police shall issue advance notice of seven days to the applicant so that he may approach this Court for appropriate relief. 6. Application stands disposed of accordingly. (J. H. BHATIA, J)