1 sns IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION ANTICIPATORY BAIL APPLICATION NO.564 OF 2011 Nilesh Daulatray Lakhani ...Applicant. v/s The State ...Respondent. Mr. Shreeram Shirsat i/by M/s Navdeep Vora & Asso. ,adv. For the Applicant. Mr.Y.S.Shinde, ,APP For the Respondent No.1. Mr. Rakesh Patil, adv. For the R.No.2. CORAM : J.H. BHATIA,J. DATED : AUGUST 25,2011. P.C. 1 Applicant seeks anticipatory bail in crime no.4 of 2010 registered at Shirala police station for the offences punishable under Sections 406, 420, 422, 463, 464 of the I.P.C. Offences were registered on the basis of private complaint filed by Yashwant Sahakari Glucose Karkhana in the Court of J.M.F.C., Shirala, who directed investigation under Section 156(3) of the Cr.P.C. 2 As per the complaint, the accused/applicant , who was running business in the name and style of Lakhani Enterprise in Salem, had defaulted in making payment of Rs.28,51,455/­ since 26.10.2007. In spite of demands, he had not paid the amount. It was 2 alleged that he had cheated the complainant. The learned counsel for the applicant points out from the ledger maintained by him that he was having business dealings with the complainant since the year 2003 and he had made total purchases of over Rs.5 crores during the tenure of about 4 years. This fact is not disputed. The learned counsel for the respondent no.2, who is complainant, admits that the transactions were going on for a number of years. In view of the facts and circumstances, it appears to be pure and simple civil matter for recovery of the balance amount towards the unpaid price. 3 Therefore, in the event of arrest in crime no.4 of 2010 registered at Shirala police station for the offences punishable under Sections 406, 420, 422, 463, 464 of the I.P.C., applicant be released on his PR of Rs.15,000/­ with surety in the like amount with condition that he shall make himself available before the police as and when required and shall also co­operate in the investigation and shall not misuse the bail. 3 4 Application stands disposed off. (J.H. BHATIA,J.)