1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4028 OF 2010 Satish Chandmal Lodha, Age-51 years, Occu:Business and Agriculturist, R/o.Chousala, Tal. and Dist. Beed, At Present : Beed APPLICANT VERSUS The State of Maharashtra Through Police Station Officer Peth Beed Police Station, Beed Dist. Beed RESPONDENT Mr.S.G.Chapalgaonkar, learned counsel for the applicant. Mr.D.R.Kale, learned A.P.P. for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 25/10/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on pre-arrest bail, in the event of his arrest in connection with CR No.108/2010, registered in Peth Beed Police Station of Dist. Beed, in which interim protection was granted to the applicant vide order dated 11/10/2010. 2. Heard learned counsels for the parties and perused the papers 2 of investigation till carried out. 3. It appears that the said CR came to be registered on the complaint of one Chandrakant Namdeo R/o.Hingani Bk, Tal. and Dist. Beed. It is alleged that during the season of year 2008, he has provided sugarcane to the private sugar factory named as Bhimashankar Sugar Factory of which the present applicant no.1 is the Director. This fact is not disputed by the applicant. The bill of the sugarcane provided to the factory is in the sum of Rs.51,715/-. It is also not under dispute. It is alleged that this amount of payment of sugarcane bill for which the complainant is entitled, was converted to the loan account in the name of the complainant and as thus a case of cheating is to be made out. 4. During the course of submissions, learned counsel for the applicant had drawn my attention towards the statement of account for the period 17/06/2008 to 31/03/2009 showing that total 4 cheques were deposited by the sugar factory of the present applicant, amounting to Rs.51,750/- in the account of the complainant. Further, he has drawn my attention to the entry dated 09/02/2009 as out of the amount deposited by the 4 cheques in the account of the complainant, an amount in the sum of Rs.51,750/- was withdrawn by the complainant. At page no.25 alongwith the compilation withdrawal slip with the specific numbers of the denomination of the GC notes by which the amount withdrawn by the complainant is mentioned therein. At page no.26, the scroll 3 about the payment in Priyadarshani Mahila Nagari Sah. Bank dated 09/02/2009 is placed on record. Entry in respect of this transaction is found at Scroll No.100 about withdrawal of the amount in the sum of Rs.51,750/- by Jogdand Chandrakant Namdeo. If it is so, the allegations against the present applicant about the conversion of payment of bill against the sugarcane provided to the sugar factory by the complainant to the account of his wife, do not appears to be genuine. Considering this aspect, case is made out. Application is allowed. Interim protection granted on 11/10/2010 is hereby extended till filing of the charge sheet. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/OCT. 2010/cri.appl.4028-10