1 1 1 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.3162 OF 2008 Harish Dhanrajmal Wadhiya .. Applicant. Vs. The State of Maharashtra .. Respondent. Mr.Sudhir Halli for the applicant. Mr.J.P.Yagnik A.P.P. for the State. Mr.Anurag Jain for the complainant. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 18TH NOVEMBER, 2008. DATED : 18TH NOVEMBER, 2008. DATED : 18TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.390 of 2008 of Swargate police station, Pune. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 420, 468, 467, 471 of IPC. It is the case of prosecution that the complainant - Dilip Shah had booked four flats bearing Nos.B-102, B-301, B-302 and B-402 in the property known as Ashwini Paradise situate at Bibvewadi-Kondhawa Road, Pune which was developed by the applicant. Necessary agreements were also executed between the parties. It appears that possession of the flats bearing Nos.B-302 and B-402 2 2 2 was handed over to the complainant. Insofar as remaining two flats are concerned, admittedly, an amount of Rs.21,35,000/- was paid by the complainant in 3-4 instalments to the applicant. However, due to some difficulty faced by the applicant, possession of the remaining two flats was not handed over to the complainant and in view thereof he filed the present complaint against the applicant. 3. This application has been adjourned from time to time at the request of learned counsel for the parites, who sought adjournments for negotiating settlement. During pendency of this application i.e. since 10.9.2008 the applicant has been protected by the interim order. Today learned counsel for the parties state that they have settled the dispute and the applicant placed on record his affidavit in the form of an undertaking stating that he shall to pay the balance amount of Rs.18,00,000/- to the complainant with interest at the rate of 12% p.a. in five instalments as provided in the affidavit. The learned counsel for the complainant admits the settlement as reflected in the affidavit. He also confirms that the complainant has received post-dated cheques of the amounts mentioned in the affidavit. The affidavit is taken on record and marked "X" for identification. The statements made and undertaking 3 3 3 given in the affidavit are accepted. In the circumtances this application is allowed. Hence the following order: . In the event of arrest, the applicant to be released on bail in the sum of Rs.1,00,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every alternate Saturday between 9 and 10 am and/or as and when called by the Investigating Officer and shall co-operate with the investigation. This order of anticipatory bail shall remain operative till filing of the charge-sheet and for a period of 15 days thereafter. After expiry of this period it is open to the applicant to surrender before the appropriate court and seek regular bail. The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)