IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2748 OF 2009 Suresh Bhiravnath Patil ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... .Respondent. Mr.Bhushan A. Walimbe i/by Ms.Preeti B. Walimbe, Adv. for the applicant. Mr.H.J.Dedhia, APP for the Respondent. Mr.V.V.Purwant, Adv. For the orig. complainant. CORAM: A.P.DESHPANDE, J. 26th August, 2009. PC: Heard learned advocate for the applicant, Learned APP for the State and learned counsel for the complainant. The present applicant has borrowed an amount of Rs.1,70,000/­ from the complainant­credit society by way of loan. However he has failed to repay the amount as agreed. The Credit Society instituted proceedings under section 138 of Negotiable Instruments Act and in the said proceedings the present applicant placed on record certain documents which are claimed to be forged by the credit society. Hence giving rise to the filing of private complaint where in the present applicant is apprehending arrest. During audit conducted for the year 2005­07 it is revealed that the secretary of the credit society and some other persons in administration thereof have advanced loans to undeserving persons. It is also stated to have been observed in the 1 report that certain amounts are misappropriated. Hence complaint came to be filed where in certain borrowers are named as persons who were granted loan despite the fact that they were not eligible for the same. The present applicant is one of such borrowers who had borrowed sum of Rs.1,70,000/­. The interim order passed in the present application reveals that the applicant had undertaken to deposit certain amounts with the credit society with a view to repay the loan amount. The applicant has repaid sum of Rs.1,50,000/­ in cash and an amount of about Rs.40,000/­ has been adjusted which was deposited by the applicant in fixed deposit with the credit society. The said amount has been deposited by the applicant without prejduce to the his rights and contentions. Thus in the submission of the applicant he has shown bonafides by repaying the entire loan amount. Learned counsel for the credit­society does not dispute that the applicant has repaid the entire principle amount. However it is submitted that some amount by way of interest is yet to be repaid by the applicant. Be that as it may, having regard to the totality of circumstances I am of the view that the applicant is entitled to be released by granting anticipatory bail in the event of his arrest. In the result I pass the following order: In the event of arrest the applicant­Suresh Bhiravnath Patil in Regular Criminal Case No.147/09 for the offences punishable under sections 420, 465 and 468 of IPC in a private complaint filed by the original complainant/credit society the applicant shall be released on bail on executing personal bond in the sum of Rs.10,000/­ with one or two sureties in the like amount. The applicant shall abide by the conditions stipulated in section 438(2) of Criminal Procedure Code. Application stands disposed of. 2