{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2435 OF 2010 Mahendra Narayan Kabra Age-50 years, Occ-Medical Practitioner R/o Shivtirth, Opp-Court Chowk, Jalgaon, Dist-Jalgaon APPLICANT VERSUS The State of Maharashtra Through police Inspector Shirpur police station, Shirpur Dist-Dhule RESPONDENT ....... Mr.R.F.Totla, Advocate for the applicant Mr.S.G.Nandedkar, APP for respondent State Mr.D.S.Bagul, Advocate for original complainant ....... [CORAM : A.V.POTDAR, J.] DATE: 5th July 2010 PER COURT: 1. By the present criminal application, the applicant, who is the Ex-Chairman of the Mahesh Urban Cooperative Bank, Jalgaon, has prayed to release him on bail in connection with CR No.65/2010 registered with Shirpur police station, as he is arrested on 18th June 2010, as he was suo motu surrendered. {2} 2. Heard learned counsel for the applicant followed by learned APP for state and learned counsel for original complainant. 3. Admittedly, both the complainant and Mahesh Urban Cooperative Bank are the institutions dealing with banking business. It is also not disputed that the applicant was the chairman of the said Mahesh Urban Cooperative Bank during 22.11.2005 to 26.08.2008. It further appears that an administrator is appointed on the said bank w.e.f. 26.08.2008. Perusal of the complaint shows that the complainant bank was having current account with Mahesh Urban Cooperative. At the relevant time, there was balance of Rs.62,23,970.60 of the complainant in the said Mahesh Urban Bank. It also appears from the complaint that the clearing house facility, which was granted in favour of Mahesh Cooperative Bank, was withdrawn from 14.02.2008, which according to learned counsel for complainant was withdrawn w.e.f. 04.02.2008. However, fact remains that it was cancelled before 20th February 2008. There is specific allegation in the complaint that a cheuqe No.84292 dated 20.02.2008, for Rs.62 lacs was deposited in Dhule District Central Cooperative Bank, Branch Shirpur of which the complainant was drawer and drawee. However the cheque could not be realized. As the clearing house facility of the Mahesh Urban bank was withdrawn before 20th February 2008 and the cheuqe was presented after cancellation of the clearing house facility the cheque was not encashed. It is {3} alleged in the complaint that as the cheque of the complainant could not encashed, the amount of the cheuqe was misused by the applicant. Considering these aspects, even if the allegations in the complaint are taken as it is and accepted in entirety, they would not constitute an offence either punishable u/s 406 or 409 of the Indian Penal Code. In the premise, case is made out to enlarge the applicant on bail, however by imposing certain conditions. 4. In the result, the application is allowed. The applicant be released on bail on his furnishing solvent surety in the sum of RS.25,000/- and on executing PR bond in the like amount. The applicant is directed to attend the concerned police station as and when required by the IO concerned, on written intimation well in advance. It is, however, clarified that these observations are prima facie observations to the extent whether the applicant has made out case to release him on bail or not and not to be used otherwise. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln2435-10