IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 849 OF 2011 Shri Ashok Bansilal Pagariya ..Applicant. v/s. The State ..Respondent. Mr. S.P.Kadam, adv. for the Applicant. Mr. Y.S.Shinde, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 13th October, 2011 PC : 1 Heard. 2 The applicant seeks anticipatory bail in crime no.357 of 2011 registered with Sahakar Nagar Police Station , Pune for the offences punishable under Sections 406, 465, 467, 471 r/w Section 511 IPC 3 According to the applicant in 1996, he had purchased an open plot from one Deshpande, in Maharashtra Co-operative Housing society. At that time, the society had charged an amount of Rs.5 lakh as transfer fee from the incoming member, i.e., the applicant and that amount was paid to the society. In 2002, the applicant issued notice to the society for refund of Rs.4,75,000/- being the excess amount charged by the society with interest. In the Annual General Meeting held on 22nd February, 2004, the applicant was elected as a Chairman of the Managing Committee and one Mr. Sugandhi was elected as secretary. Later on, Mr. Sugandhi resigned and earlier secretary, Mr. Palkar was re-appointed as such. In 2008, there was a proposal for transfer of a plot of another member Devendra Harnalkar in favour of Mr. Erandey from whom also the society charged Rs.5 lakh as transfer fee. However, Mr. Erandey complained to the Asstt. Registrar, Co- operative Societies, who held that the society had charged amount in excess of the amount permitted under the rules and the society was directed to charge only Rs.10,000/- and to refund the balance amount. After that decision of the Assistant Registrar, the applicant also sought refund of excess money charged from him in 1996 with interest. According to the applicant, the Managing Committee of the society passed a resolution and accordingly, the Secretary issued a cheque of Rs.13,53,500/- in favour of the applicant towards the refund of excess money with interest thereon. However, when the cheque was presented for encashment , it was dishonoured as payment was stopped by the secretary and thus , the cheque was not encashed. 4 According to the prosecution, cheque was issued only for an amount of Rs.3,500/- for some different purpose and the applicant made additions and alterations by committing forgery to show that the cheque was issued to him for an amount of Rs.13,53,500/-. The secretary lodged a report and the offence came to be registered. There is serious dispute as to whether there was infact any forgery in the cheque or cheque was infact issued by the secretary in favour of the applicant. Fact remains that the cheque was not honoured and the amount has not been transferred from the account of the society to the applicant. Taking into consideration all the facts and circumstances, custodial interrogation of the applicant is not necessary. 5 Therefore, in the event of arrest in Crime No. 357 of 2011, the applicant be released on his executing PR of Rs.15,000/- with surety in the like amount with condition that he shall make himself available to the police as and when required for the purpose of investigation and if required, he shall also give specimen of his handwriting and signatures. 6 Application stands disposed off. (J.H.BHATIA, J.)