1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3053/2009. (Mahendra s/o Chandmal Jain Vs. State of Mah. and Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.VD Hon, Advocate for the applicant; Mr.KM Suryawanshi, APP for Resp.Nos. 1 and 2; Mr. PP Chavan, Advocate for Respondent No.3-Bank. ___ CORAM : K.U.CHANDIWAL, J. DATE : 11 th September,2009. 1. Heard Mr.Hon, for applicant/accused; Mr.Chavan for the Bank and learned APP for State. 2. The applicant is a borrower of the bank, availed Over Draft facility. There was a Certificate in terms of Section 101 of the Maharashtra Cooperative Societies Act, 1960, which was tested in the Writ Petition, however, the writ petition is withdrawn. 3. The accused/applicant has started regular remittances of monthly installment of Rs.2,00,000/-. So far he has paid Rs.8,00,000/- to the Bank. During the course of submission, it revealed that there are advance cheques with the Bank in relation to the 2 installments, agreed upon by the accused/applicant. The applicant/accused has deposited Rs.2.50 lakhs with the bank. Taking survey of above facts, custodial interrogation of the applicant/accused not warranted. Hence, order. 4. In the event of arrest of the applicant/accused - Mahendra s/o Chandmal Jain, he be released on his furnishing PR bond and surety in the sum of Rs.20,000/- (Rupees twenty thousand). 5. The applicant/accused shall attend the Investigator or the Auditor whenever so informed in writing and he will also rectify the irregularities. 6. The accused/applicant will abide with his undertaking of regular remittances and due amount of monthly installment of Rs.2,00,000/- till it is cleared. 7. Criminal Application allowed in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran3053.09