IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4567 OF 2008 CRIMINAL APPLICATION NO. 4567 OF 2008 CRIMINAL APPLICATION NO. 4567 OF 2008 1. Murlidhar Anant Kamthe 2. Amit Murlidhar Kamthe ...Applicants vs. The State of Maharashtra ...Respondent Mr.H.S. Venegaonkar for the Applicants. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 19, 2009 DATED : JANUARY 19, 2009 DATED : JANUARY 19, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. The applicants are owners of property situated at Taluka Mohol, Village Varale, District Pune. They had entered into a developing agreement with the complainant who is a builder and was agreed to develop this property on payment of Rs.1,20,00,000/- and had paid an amount of Rs.5,00,000/- at the time of the execution of the development agreement. According to the applicants, the complainant did not fulfil his part of the contract and therefore, the applicants terminated the said agreement. It is alleged by the complainant - 2 - that in the said notice, it was stated that an amount of Rs.3,00,000/- was paid to the complainant. The complainant’s case is that this statement was incorrect. On these allegations, the complaint has been filed against the present applicants for the offences punishable under Section 420, 406, 467, 468 read with 34 of the IPC. 3. I have perused the complaint filed by the applicants herein the court of Judicial Magistrate, First Class. Prima facie, the dispute between the parties is of a civil nature. The applicants have given their land for development to the complainant. The complainant had paid only an amount of Rs.5,00,000/- out of Rs.1,20,00,000/- as agreed by him and upon termination of the contract, the present complaint has been filed. In view of this fact, the dispute is clearly of a civil nature. In any case, the custodial interrogation of the applicants is not necessary. 4. The applicants, therefore, in the event of their arrest in connection with the complaint filed vide - 3 - C.R.No.546/2008 registered at Swargate Police Station, Pune, shall be released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount. They shall co-operate with the police. 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)