{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3704 OF 2010 Abhijit Manoharrao Bobade APPLICANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. K.C.Sant, Advocate for the applicant Mr. D.R.Kale, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 26th October 2010 PER COURT: 1. By the present application, the applicant seeks pre- arrest bail in connection with Crime No.33/2010 registered with Adawad police station, Dist-Jalgaon. 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation, particularly the complaint lodged by one Deepak Bari. 3. It is alleged in the complaint that the applicant had approached the complainant in the afternoon of 7th June 2010 and {2} had posed himself as a representative of Nilon’s Enterprises and under the guise of providing papaya saplings, accepted Rs. 20,000/- from the complainant and acknowledged on a blank paper. It was assured that the papaya saplings would be provided to the complainant by the company within a week. It is further alleged in the complaint that as the saplings were not provided, as promised, the complainant enquired with the said company and came to know that at that time the applicant was not in the employment of the company, as he was sacked by the company and accordingly a public notice was also issued. Considering the allegations in the complaint it prima facie appears that though, at the material time, the applicant was not in the employment of the said company, he had fraudulently accepted money from the complainant for providing papaya saplings from the said company. From the papers of investigation and the complaint, it prima facie appears that this is a case of cheating. In the premise, no discretionary relief can be granted in favour of the applicant. Consequently, the application is summarily rejected. [A.V.POTDAR, J.] drp/B10/criapln3704-10