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Anuradha vs. State of Maharashtra : Case Summary

Anuradha vs State of Maharashtra

Anuradha vs State of Maharashtra

Author : Neha Singh

Citation: 2015 BOM 989

Bench: Justice R. P Sondur Baldota

INTRODUCTION

In this Present case of Anuradha vs State of Maharashtra, the court modified the previous order to delete the condition of furnishing surety of Rs. 50,000/-. The facts and the circumstances were not justified to the condition of submission of surety hence the court ordered to rather execute a bond of the amount.

FACTS

This was an appeal against the impugned order to return the property; i.e. Rs. 50,000/- provided that she furnishes surety with the same amount. The petitioner handed over a cheque of Rs. 50,000/- for the premium of her insurance to HDFC Standard Life Insurance Policy. Later, she found out that the cheque has not been credited into her account but in the account of some other person named Ritesh Bahadur Chohan. To which she filed an application to return her the amount, the magistrate allowed the application with the condition of furnishing the surety with the same amount.  This appeal is in challenge to the order of provided condition.

ISSUES

  1. Whether the accused is punishable under section 506, 471 and 420 of Indian Penal Code (IPC)?
  2. Whether the petitioner is liable to furnish the surety of the same amount?

JUDGEMENT

The appeal was partly allowed and the impugned order was modified to delete the condition of submission of surety. However, the petitioner will execute a bond of Rs. 50,000/- affirming that she would return the money to court when commenced for by the court.