MHCC020044142022
IN THE COURT OF SESSIONS FOR GR. MUMBAI AT MUMBAI
BAIL APPLICATION NO.784 OF 2022
Mayank A. Maitreya
]…Applicant
V/s.
The State of Maharashtra
]
(At the instance of Pant Nagar Police ]
Station, vide C.R. No.610 of 2021)
]…Respondent.
Advocate Ashish Pimple for applicant.
APP Iqbal Solkar for the State.
CORAM :
HIS HONOUR THE ADDL. SESSIONS JUDGE
Dr. Shri.U.J.More (C.R. No.58)
(Incharge Court Room No.60)
DATE
:
18th APRIL, 2022
ORDER
1.

This is bail application under section 439 of Cr.P.C. in C.R.

No.610 of 2021 of Pant Nagar Police Station for offence punishable
under Sections 420, 34 of Indian Penal Code.
2.

The case of the prosecution is that the Network Techlab (India)
Pvt. Ltd., company of the informant intended to sell laptops and
Networking and security hardware to the AAPAI Technologies Pvt. Ltd.
The AAPAI Technology accepted the offer of the Network Techlab and
promised to pay post delivery consideration through post dated
cheques. The Network Techlab accepted the counter offer made by
AAPAI Technology.

Accordingly, the AAPAI Technologies raised the
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purchase orders in favour of the Network Techlab. The AAPAI
Technologies issued post dated cheque to Network Techlab in order to
cheat the informant company by counter trust for the huge amount of
Rs.37,73,770/­ and accordingly, complaint lodged.
3.

The case of the applicant is that he is falsely implicated in this
case. It is a civil dispute between the two companies.

The AAPAI
Technologies Pvt. Ltd., ordered computer and networking hardware
from Network Techlab (India) Pvt. Ltd. The Network Company raised
invoices and received post dated cheques against the delivered
hardware in order to restore the company’s outstanding dues, the FIR
lodged at belatedly and as an afterthought.
4.

Heard both sides at length. The offence pertains to section 420 of
Indian Penal Code, provide punishment upto seven years. Prima facie
after perusal of the FIR as well as all documents that the AAPAI
Technologies ordered computer and networking hardware from the
informant’s company. They have provided the post dated cheques
towards the payment of the said order and failed to encash it. It reveals
that it is a purely civil transaction for both the parties as well as remedy
under section 138 of the Negotiable Instruments Act, 1881 is available.
Considering the nature of transaction as well as the accused is in jail
since 14.12.2021, I am of the considered opinion that he is entitled for
bail with stringent condition. Hence, the order:­
ORDER
1.

Bail Application No.784 of 2022 is allowed.

2.

Applicant Mayank A. Maitreya, be released on bail in C.R. No.610
of 2021 registered with Pant Nagar Police Station for an offence
punishable under sections 420, 34 of Indian Penal Code, on furnishing
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P. R. Bond of Rs.50,000/­ (Rupees Fifty Thousand Only) with two or
more sureties in like amount on following conditions.
(a)
That he shall attend Pant Nagar Police Station once in
a month in between 11.00 a.m. to 1.00 p.m. till filing of
charge­sheet.
(b)
That, he shall not come in contact in any way with the
informant/injured and witnesses, nor tamper them.
(c)
That,
applicant/accused shall follow
the rules/
guidelines issued by the Government and / or District
Administration due to prevailing COVID­19 pandemic.
(3)
That, applicant/accused shall submit his contact
number and proof in respect of permanent and temporary
residence to this Court.
3.

The prayer for release on provisional cash bail in like amount is
allowed with eight weeks time to furnish the surety.
4.

Bail Application No.784 of 2022 stands disposed of accordingly.
Digitally signed by
UMESHCHANDRA
UMESHCHANDRA JAIKUMAR MORE
JAIKUMAR MORE
Date: 2022.04.20
17:23:14 +0530
(Dr. U.J.More)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
Date : 18/04/2022
Order Dictated on : 18/04/2022
Transcribed on
: 18/04/2022
Signed on
: 18/04/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
20.04.2022
Upload Time
5.20 p.m.

Name of Stenographer
ARUN ANNAMALAI MUDALIYAR
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Name of the Judge (With Court HIS HONOUR THE
Room No.)
SESSIONS JUDGE
ADDL.

Dr. SHRI. U. J. MORE (CR 58)
Date of Pronouncement
JUDGEMENT /ORDER
of 18.04.2022
JUDGEMENT /ORDER signed by 18.04.2022
P.O. on
JUDGEMENT /ORDER uploaded 20.04.2022
on
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