1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JUTISDICTION CRIMINAL APPLICATION NO. 4779 OF 2009 Shashindra Subbarao Shetty .... Applicant. V/s The State of Maharashtra ..... Respondent. Mr. P.I. Ubharay for the applicant. Mrs. M.R. Tidake, APP for the State. CORAM: V.M. KANADE, J. DATE : 4TH NOVEMBER, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. The complainant is an owner of the hotel known as Gurudev, situated at Kapurbhawdi, Thane (West). He entered into an agreement with the applicant and, under the said agreement, applicant and his partner were permitted to conduct business of hotel for a period of 7 years. According to the applicant, the complainant Vijay Patil terminated the said conducting agreement and they executed an affidavit cum 2 Undertaking and the complainant issued a cheque to the applicant towards refund of security deposit and renovation expenses. According to the applicant herein, the said cheque of Rs 15,00,000/- was dishonoured and, thereafter, criminal complaint was filed by the applicant against the said Vijay Patil under section 138 of the Negotiable Instruments Act on 30/3/2007. Thereafter, it appears that, as a counter-blast, a private complaint was filed by the said Vijay Patil in the Court of Judicial Magistrate, First Class at Thane under sections 379, 465, 467, 468, 471, 406 of the Indian Penal Code in which it is alleged that the present applicant had stolen blank cheque of the complainant Vijay Patil and the same was illegally used by the applicant. The learned Magistrate was pleased to direct the Police to investigate the said complaint under section 156(3) of the Criminal Procedure Code. Apprehending arrest, the present application has been filed by the applicant. 3. Taking into consideration the complaint filed by the present applicant, it appears that, as a counter-blast, the complainant Vijay Patil has filed the counter complaint in the Court of Judicial Magistrate, First Class at Thane and, therefore, the custodial interrogation of the applicant, in my view is not necessary. 3 4. Applicant, in the event of his arrest in connection with M.E.C.R. No.2 of 2007 registered at Kapurbhawdi Police Station for the offence punishable under sections 379, 465, 467, 468, 471, 406 of the Indian Penal Code, be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant, however, shall report to the concerned Police Station for a period of four days from 9/11/2009 between 11 a.m to 1 p.m. 5. Application is disposed of. (V.M. KANADE, J.)