1 11 ABA 788.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 788/2026 (Venkata Konda Reddy Palanaty Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M. V. Rai, Advocate for applicant. Ms. S.S. Dhote, APP for non-applicant/State. Mr. Y. Bhoyar, Advocate for informant. CORAM: M. M. NERLIKAR, J . DATED : 05/10/2026. Heard. 2. By this application, the applicant is seeking anticipatory bail in connection with Crime No. 137/2026 registered with Police Station Ghugus, Dist. Chandrapur for the offences punishable under Sections 316(2), 318(4), 336(3), 338, 339, 341(1) of the Bharatiya Nyaya Sanhita. 3. Brief facts of the prosecution case are that the informant, namely, Madhuri Jain, who is the proprietor of Madhuri Traders, alleges that she is engaged in the business of coal trading. She deals in the purchase of coal from W.C.L. and other traders and sells the same to companies and customers. In June 2024, the applicant, who is the Director of Maxima Global Enterprises, introduced the informant to the Managing Director of Chakra Cement Limited, Hyderabad. It was represented 2 11 ABA 788.26.odt that Chakra Cement Limited required coal and that the applicant would facilitate the supply of coal to the company. As per the purchase orders placed by the applicant before the informant, she supplied 724 MT of coal to Chakra Cement Limited, Hyderabad. When she demanded payment, the company informed her that the payment had already been made to the present applicant. Upon verification, she found that the letterhead of the applicant, showing his authority to collect payment from Chakra Cement, was forged, and she had been cheated of an amount of Rs.43,50,000/-. Accordingly, the First Information Report was registered against him on 27/03/2026. 4. The learned counsel for the applicant submits that the offence is of civil nature which has been given a criminal colour. There was an agreement between the present applicant, who is running a company namely, Maxima Global Enterprises (“Maxima Co.”), and another company namely Madhuri Traders, both companies are engaged in the coal business. The applicant had supplied coal to the extent of 1085 metric tonnes (“MT”) to Madhuri Traders. However, as it had failed to pay the entire amount due to him he had asked Madhuri Traders to 3 11 ABA 788.26.odt supply the coal to another company, namely, Chakra Cement Company (“Chakra Co.”). Therefore, Madhuri Traders supplied 742 MT of coal to Chakra Co. The allegations against the applicant are that, by preparing forged documents, the company of the present applicant asked Chakra Co. to pay the amount directly into the account of Maxima Co., and accordingly, Chakra Co. paid the amount into the account of Maxima Co. He has placed on record the documents showing that Madhuri Traders had given no objection to depositing the amount in the account of Maxima Co. Therefore, he submits that, as Madhuri Traders had not paid the entire amount, he directed Madhuri Traders to supply the coal to Chakra Co., and accordingly, Chakra Co. deposited the amount in the account of Maxima Co. Under such circumstances, he submits that no crime has in fact been committed by the applicant. However, the issue has arisen due to the business transactions and, therefore, no custodial interrogation would be necessary. 5. On the other hand, the learned APP and the learned counsel appearing for the informant vehemently oppose the application and submit that the applicant- company has not supplied coal to Madhuri Traders and, 4 11 ABA 788.26.odt therefore, there is no question of Madhuri Traders further supplying the coal to Chakra Co. They submit that the documents placed on record are forged and cannot be relied upon, as the applicant has not placed anything on record, such as an E-Way Bill, to show that the company of the present applicant had actually supplied the coal to Madhuri Traders. Under such circumstances, as the documents placed on record themselves are forged, the applicant does not deserve to be granted anticipatory bail. 6. Upon consideration of the submissions of both sides and perusal of the First Information Report, it appears from the allegations that the present applicant is running a company in the name of Maxima Co. In June 2024, the present applicant introduced himself to the Managing Director of Chakra Co. Thereafter, as Chakra Co. was in need of coal, the present applicant informed the Manager of Chakra Co. that he would help in procuring the coal for them. Thereafter, as Chakra Co. was in need of 1000 MT of coal, he contacted Madhuri Traders, which was also engaged in the coal business, and accordingly asked it to supply 1000 MT of coal to Chakra Co. Accordingly, 724 MT of coal was supplied to Chakra Co. When the informant-company, i.e. Madhuri Traders, 5 11 ABA 788.26.odt demanded payment from Chakra Co., it was informed by Chakra Co. that, as per the letter issued by Madhuri Traders, the amount had already been deposited in the account of Maxima Co. When the said letter was verified, it transpired that Madhuri Traders had never issued the said letter. On the basis of the forged letter, an amount of Rs.52,85,000/- was transferred to the account of Maxima Co. Upon perusal of the FIR, it is alleged that the letterhead and stamp were forged by the applicant and accordingly, the amount was transferred. It further appears from the case diary that the specimen signatures of the informant were obtained and sent for the opinion of the handwriting expert. No doubt, insofar as the documents placed on record are concerned, at present, it is difficult to comment upon the same unless and until the opinion of the handwriting expert is received. It is to be noted that, insofar as these documents are concerned, Madhuri Traders, i.e. the informant alleged to be forged. From the entire record, it appears that the alleged act arose out of business transactions and, therefore, in my opinion, custodial interrogation of the applicant would not be necessary. The learned APP and the learned counsel for the informant submit that two more delivery orders issued by 6 11 ABA 788.26.odt other companies are also in question. Needless to mention that it is for the Investigating Officer to conduct the investigation thoroughly. Considering the nature of the allegations, I am of the considered opinion that the applicant can be released on anticipatory bail by imposing stringent terms and conditions. Hence, the following order:- ORDER (I) Application is allowed and disposed of. (II) The order dated 04/09/2026 is hereby confirmed. (III) The applicant shall attend the police station on every Sunday between 11.00 a.m. to 02.00 p.m. till filing of the charge-sheet and shall cooperate during the investigation. 7. Pending application(s), if any, stands disposed of accordingly. 8. The observations of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. 7 11 ABA 788.26.odt 9. The applicant undertakes to produce the original documents which are which are annexed along with the present application. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 05/10/2026 18:34:19