Case Note & Summary
The petitioner, Shankesh Prithviraj Sanghvi, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in connection with an offence under Section 138 of the Negotiable Instruments Act, 1881, arising from a cheque bounce dispute. The petitioner apprehended arrest at the hands of the Tardeo Police Station, Mumbai. The court considered the submissions of the learned Senior Advocate for the petitioner, who argued that the offence was bailable and that the petitioner was willing to cooperate with the investigation. The learned APP for the State opposed the petition, but the court noted that the intervenor, XYZ, did not oppose the grant of bail. The court observed that since the offence under Section 138 of the Negotiable Instruments Act is bailable and the petitioner had expressed willingness to cooperate, custodial interrogation was not warranted. The court allowed the petition and directed that in the event of arrest, the petitioner be released on furnishing a PR bond of Rs. 25,000/- with one or more sureties. The court also directed the petitioner to cooperate with the investigation and appear before the investigating officer as and when required. The petition was disposed of accordingly.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Offence under Section 138 of Negotiable Instruments Act, 1881 - Petitioner sought pre-arrest bail in a cheque bounce case - Court held that since the offence is bailable and the petitioner expressed willingness to cooperate, custodial interrogation was not required - Petition allowed on condition of furnishing PR bond (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail in connection with an offence under Section 138 of the Negotiable Instruments Act, 1881, and whether custodial interrogation is necessary.
Final Decision
The petition is allowed. In the event of arrest of the petitioner in connection with C.R. No. 2823 of 2026 registered with Tardeo Police Station, the petitioner shall be released on furnishing a PR bond of Rs. 25,000/- with one or more sureties. The petitioner shall cooperate with the investigation and appear before the investigating officer as and when required. The petition is disposed of accordingly.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Section 138 Negotiable Instruments Act
- 1881
- custodial interrogation
- bailable offence
- cooperation with investigation
Case Details
2026 LawText (BOM) (06) 88
Criminal Writ Petition No. 2823 of 2026
Mr. Aabad Ponda, Sr. Advocate a/w. Mr. Veerdhawal Deshmukh, Mr. Mihir Nakrani, Mr. Suresh Jambhale, Adv. Londhe, Adv. Shubham Shingade and Mr. Vinod Shingade i/b. One Access for the Petitioner; Ms. Sangeeta D. Shinde, APP for the Respondent – State; Mr. Sudeep Pasbola, Sr. Advocate a/w. Mr. Chinmay Gudse and Ms. Anjali Joshi i/b. Adv. Hrutik R. Chavan for the Intervenor
Shankesh Prithviraj Sanghvi
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal writ petition seeking anticipatory bail in a cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881.
Remedy Sought
Petitioner sought pre-arrest bail to avoid arrest in connection with an offence under Section 138 of the Negotiable Instruments Act, 1881.
Filing Reason
Petitioner apprehended arrest by Tardeo Police Station, Mumbai, in a cheque bounce case.
Issues
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC for an offence under Section 138 of the Negotiable Instruments Act, 1881.
Whether custodial interrogation is necessary when the accused is willing to cooperate and the offence is bailable.
Submissions/Arguments
Petitioner's counsel argued that the offence under Section 138 of the Negotiable Instruments Act is bailable and the petitioner was willing to cooperate with the investigation, hence custodial interrogation was not required.
State's APP opposed the petition but did not provide specific arguments.
Intervenor did not oppose the grant of bail.
Ratio Decidendi
For a bailable offence under Section 138 of the Negotiable Instruments Act, 1881, custodial interrogation is not warranted if the accused is willing to cooperate with the investigation. Anticipatory bail can be granted under Section 438 CrPC to protect the accused from arrest.
Judgment Excerpts
The petitioner is seeking anticipatory bail in connection with an offence under Section 138 of the Negotiable Instruments Act, 1881.
The learned Senior Advocate for the petitioner submitted that the offence is bailable and the petitioner is willing to cooperate with the investigation.
Considering the nature of the offence and the fact that the petitioner is willing to cooperate, custodial interrogation is not warranted.
In the event of arrest, the petitioner shall be released on furnishing a PR bond of Rs. 25,000/- with one or more sureties.
Procedural History
The petitioner filed Criminal Writ Petition No. 2823 of 2026 under Article 226 of the Constitution of India read with Section 482 CrPC seeking anticipatory bail. The petition was reserved on 24th June 2026 and pronounced on 30th June 2026.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 438, Section 482
- Negotiable Instruments Act, 1881: Section 138
- Constitution of India: Article 226
