1 apln3452-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3452 OF 2010 Shri Rashmikant Ganpat Bhoir and another. ..Applicants. Vs. The State of Maharashtra ..Respondent. .... Mr.S.M. Oak, Advocate i/b. Mr.Sagar Joshi, Advocate for the applicants. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 09TH AUGUST, 2010 P.C. 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by the two applicants, apprehending their arrest in the matter of C.R. No.I-197/2009 registered with Kalwa police station, District - Thane. The offences alleged against the applicants are punishable under Sections 420, 465, 467, 468 & 471 read with Section 34 of Indian Penal Code. 2. The complaint is lodged by the original complainant on 26.6.2009. Complainant is a builder and engaged in 2 apln3452-10 construction of residential buildings in Belapur, Kalwa & other area. Prior to the year 2008 both the applicants were in the employment of the said complainant for salary. The applicants were looking after the office work, preparation of documents, and also registration of agreements etc.. At times, the applicants were getting the customers and receiving the cheques and cash from such customers and bringing the amounts to the complainant and accordingly the complainant used to pass on respective flats to the prospective purchasers. Sometime in the year 2008, the applicants stopped their work, being employees of the complainant. The complainant started enquiry with the purchasers of the flats as to the balance payments. However, he was told that various such payments in cash were given to the applicants and the receipts were obtained having signatures of said applicants. Total defalcated amount is around Rs.18 lakhs and odd, out of which an amount of Rs.5 lakh and odd is by way of cheque. When such revelation was made, the complainant made enquiries with the concerned Bank i.e. The Thane Janata Sahakari Bank in which the said 3 apln3452-10 cheque was reportedly deposited in the account opened in the name of the company, Ashirwad Constructions. However, the account opening form and other documents show that present applicant No.1 had opened the said account by giving his photograph and by signing the account opening documents. Said cheque of Rs.5 lakh and odd had been deposited in the said account, opened by applicant No.1, by representing that it is the account of Ashirwad constructions company. 3. During the arguments, learned Advocate for the applicants submitted that said account was opened on the instructions of the complainant himself and infact said amount of Rs.5 lakh and odd has been transferred to the Canara Bank account in order to satisfy the loan taken in the name of applicant No.1 but taken allegedly for Ashirwad constructions company of the complainant. 4. Counter to the above argument, learned A.P.P. for the State submitted that the said account in Thane Janata Sahakari Bank in which the cheque of Rs.5 lakh and odd is 4 apln3452-10 deposited and the amount was taken from the said account was opened sometime from September, 2008 and closed in October, 2009. The dates are of much significance considering the conduct of the applicants and also the case alleged against them by the complainant that sometime in the year 2008, the applicants stopped doing the work of the complainant. However, still issued the receipts for the dates which are mentioned in the complaint. 5. Considering the rival submissions, it is not a fit case in which the discretionary relief of the prearrest bail can be granted in favour of the applicants. Hence the order :- :: O R D E R :: [i] Criminal Application No.3452 of 2010 for anticipatory bail stands rejected. (A.R.JOSHI,J.) PPD 2.apln3452-10