1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 252 OF 2011 ( Chandrashekhar Deoraoji Bhorkar Vs. State of Mah. PSO PS Saoner Distt. Nagpur) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri Y. Shukla Adv for applicant. Shri D. B. Patel APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 29th JULY, 2011. . Offence bearing Crime Nos. 143, 144 and 145 of 2011 are registered with the Police Station Saoner, district Nagpur for the offences punishable under Sections 406, 420 of Indian Penal Code against the applicant. It is the prosecution case that, by misrepresentation which was false to the knowledge of the applicant, he approached Aasha Naresh Madne, Vandana Karade and Suhasini Pantaone with a plan to purchase the agricultural land, converting it to the non agricultural purpose and to sell the plots. Relying upon the 2 applicant all the three complainants parted away with Rs. 2,60,000/-, 9,00,000/- and 90,000/- respectively. It is the case of the applicant that he had dealings with all the three complainants but not in respect of the amount quoted by them. According to him blank stamp papers and blank cheque towards security were given. The complainants have misused the stamp papers. It is not disputed that at the time of alleged transactions, the applicant signed the stamp papers and also issued cheques. The controversy whether stamp papers and cheques were blank cannot be gone into at this stage nor it is necessary to undertake that exercise. The fact remains that, at the time of transactions, the applicant signed the stamp papers as well as the cheques and delivered it to the complainants by way of security. Thereafter notice was issued by one of the complainants by name Aasha Madne. The applicant replied to the same. Considering the facts and circumstance of the case, it cannot be said that from its inception accused had intention to cheat the complainants. In view of this application is allowed. In the event of arrest of the applicant in Crime Nos. 143 of 2011 registered with the police station Saoner district Nagpur, he be released on his executing PR bond in the sum of Rs. 25,000/- 3 with two sureties in the like amount. In the even of arrest of the applicant in Crime No. 144 of 2011 registered with the police station Saoner district Nagpur, he be released on his executing PR bond in the sum of Rs. 25,000/- with two sureties in the like amount. In the event of arrest of the applicant in Crime No. 145 of 2011 registered with the police station Saoner district Nagpur, he be released on his executing PR bond in the sum of Rs. 25,000/- with two sureties in the like amount; He shall attend the concerned police station every day between 10 a. m. to 12 noon for a period of two months or till the charge sheet is filed, whichever is earlier. JUDGE svk 4