Mumbai, April 20th, 2022 – The Sessions Court for Greater Mumbai has granted bail to Mayank A. Maitreya, who was arrested in connection with a cheating case. The court, presided over by Additional Sessions Judge Dr. U.J. More, allowed the bail application, citing the nature of the transaction as a civil dispute and the availability of an alternative legal remedy.

Maitreya was arrested in connection with C.R. No. 610 of 2021, registered at the Pant Nagar Police Station, for offenses punishable under Sections 420 (cheating) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.¹

According to the prosecution, the complainant, Network Techlab (India) Pvt. Ltd., alleged that AAPAI Technologies Pvt. Ltd., where Maitreya was involved, ordered laptops and networking hardware and issued post-dated cheques as payment. However, these cheques were dishonored, resulting in a loss of Rs. 37,73,770/- to Network Techlab.

Maitreya’s defense, presented by Advocate Ashish Pimple, argued that he was falsely implicated and that the case was essentially a civil dispute between the two companies. He claimed that the FIR was lodged belatedly as an afterthought, and the issue pertained to outstanding dues.

Judge More, after hearing both sides, noted that the offense under Section 420 of the IPC carries a maximum punishment of seven years. He also observed that the transaction appeared to be a civil one, with AAPAI Technologies ordering goods and issuing post-dated cheques that were subsequently dishonored. He highlighted the availability of an alternative legal remedy under Section 138 of the Negotiable Instruments Act, 1881, which deals specifically with cheque dishonor cases.

“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,” Judge More stated.

Considering the nature of the transaction and the fact that Maitreya had been in custody since December 14th, 2021, the court concluded that he was entitled to bail, subject to stringent conditions.

Consequently, the court granted bail to Mayank A. Maitreya, subject to the following conditions:

• Personal Bond (P.R.) and Surety Bond: Maitreya must execute a P.R. Bond of Rs. 50,000/- with two or more sureties of the same amount.
• Police Attendance: He must attend the Pant Nagar Police Station once a month between 11:00 AM and 1:00 PM until the charge sheet is filed.
• No Contact with Complainant/Witnesses: He must not contact the complainant, injured parties, or witnesses, nor tamper with them.
• COVID-19 Guidelines: He must follow all COVID-19 related rules and guidelines.
• Contact Information: He must provide his contact number and proof of permanent and temporary residence to the court.
• Provisional Cash Bail: He was granted eight weeks to provide provisional cash bail of the same amount.

The court’s decision underscores the importance of considering the nature of the dispute and the availability of alternative legal remedies when granting bail, particularly in cases that appear to involve primarily civil transactions. The Pant Nagar Police Station will continue its investigation.