1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1275 OF 2010 Sudhakar Kondu Patil ..Applicant V/s The State of Maharashtra ..Respondent ..... Mr.B.R. Kedar, Advocate for applicant. Mr.D.V. Tele, APP for respondent. Mr.D.S. Bagul, Advocate for ori.complainant. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 23rd April, 2010. PER COURT : 1. Heard Mr.B.R. Kedar, learned counsel for applicant as well as Mr.D.V. Tele, learned APP for respondent no.1 assisted by Mr.D.S Bagul, learned counsel for original complainant. 2. This is an application preferred by applicant seeking bail in connection with C.R. No.65/2010 registered with Shirpur Police station, Dist.Dhule for the offences punishable under Sections 403, 406, 409, 420, 499 and 500 r/w 34 of Indian Penal Code, since applicant was arrested thereunder on 6th March, 2010 and he is in judicial custody presently. 3. It appears that offence has been registered 2 on the complaint lodged by the Shirpur Peoples Co- operative Bank Ltd., Shirpur through its Manager Vishwanath Ramsingh Patil on 05.03.2010 alleging that applicant and other co-accused in collusion with each other misused the cheque of Rs.62,00,000/- issued by complainant and neither hounoured nor returned the same to the complainant Bank and allegedly utilised the said amount for over draft of State Bank of India and thereby misappropriated the said amount and as well as defrauded and deceived the complainant Bank. 4. Admittedly, the cheque of Rs.62 Lacs was presented by complainant Bank to Mahesh Co-operative Bank Ltd., Jalgaon on 28th February, 2008 and applicant herein was working as Manager on the relevant day in the said Mahesh Co-operative Bank Ltd., Jalgaon. Pertinently, the said cheque was neither honoured nor returned back to the complainant bank within prescribed period. It is alleged that the complainant-the Shirpur Peoples Co-operative Bank Ltd., Shirpur was having account with Mahesh Co- operative Bank Ltd., Jalgaon and amount of Rs. 62,23,970.60 was lying therein and against the said balance amount complainant bank issued cheque of Rs.62 Lacs. However, Mahesh Co-operative Bank is having over Draft account with the State Bank of India, Jalgaon and there was huge over draft to the tune of Rs.1 crores and therefore, it is alleged that amount of the said cheque was utilised by Mahesh Co-operative Bank to clear its own said over draft illegally causing 3 unlawful loss to the complainant Bank. 5. There is no dispute that huge amount of public money is involved in the aforesaid transaction and since applicant herein was working as Manager on the relevant day with Mahesh Co-operative Bank Ltd., Jalgaon and was handling day to day affairs of the business of the said Bank, present applicant is apparently responsible. It also appears that there is possibility of involvement of other directors in the said transaction of the Bank apparently along with applicant herein. 6. In the circumstances, applicant has failed to make out case for grant of bail at least at this stage, since the investigation is under progress and same is not yet completed, and therefore, the present application deserves to be dismissed. 7. In the result, present application being sans merit, stands dismissed. 8. Above observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE) JUDGE gas/cri1275.10