1 Cri-A-5123-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5123 OF 2009 Mohit Sarlia ... Applicant (Orig. accused) vs. Satish Gandhi & Ors. ... Respondents Mr.Subhash Jha i/b. M/s. Law Global,Advocate, for the applicant. Mrs. R.V.Newton, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 22nd February, 2011. P.C. 1. Heard the learned Counsel for the applicant. 2. This application is filed by the original complainant for cancellation of bail grated to the respondent No.1 in Crime No.251/2009 registered at Vartaknagar Police Station. The complaint reveals that during October- November, 2006, the complainant had made payment of Rs.12 lakh to the accused for supply of Sponge Iron and MS Scrap. However, inspite of repeated reminders, the goods were not supplied. According to him, the accused had cheated him and had committed offences under Sections 403,406, 408 and 420 of 2 Cri-A-5123-09.sxw IPC. The learned Magistrate granted bail to the accused after rejecting the prayer made by the police for police custody remand. It appears that the complainant did not take any criminal action for about 2-1/2 years till August 2009 when they lodged the report. In view of the long delay in setting the criminal law in motion, I do not find anything illegal or per-se wrong in the impugned order granting bail. 3. The learned Counsel for the applicant relied upon Rajesh Bajaj vs. State NCT of Delhi & Ors. (1999) 3 SCC 259 in support of his argument that mere delay in lodging the complaint or report is not fatal. In Rajesh Bajaj (supra), the Supreme Court held that merely because the complaint disclosed a commercial or money transaction is not sufficient to quash the proceedings. This authority is not applicable to the facts of this case because the complaint lodged by the complainant has not been quashed and only bail has been granted. In view of the facts and circumstances, I do not see any reason to interfere in the impugned order. 4. Therefore, the application stands rejected. (J.H.BHATIA,J.)