SRJ 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.378 OF 2010 WITH CRIMINAL APPLICATION NO.2748 OF 2010 Krishnadas G. Sungandhi & Others .. Applicants V/s. The State of Maharashtra .. Respondent Mr. V.M.Thorat, Sr. Counsel i/b. Mr. Ashish Gaikwad, for Applicants Mr. S.N.Gawade, A.P.P. for the State Mr. S.K.Shinde, for Original Complainant. CORAM : A.R.JOSHI, J DATED : JUNE 30th, 2010. P.C. 1. Heard rival submissions for sometime today and also at length on earlier dates on this application for anticipatory bail preferred by four applicants. Applicants were arrested in C.R.No.8 of 2010, registered with Sarkarwada Police Station, District Nashik, for the offences punishable under sections 203, 204, 418, 420, 465, 467, 468, 469, 471, 477, and 120-B r/w section 34 of Indian Penal Code. SRJ 2 2. The fact of the matters are rather peculiar in as much as according to the present applicants, there was some transactions of loan of Rs.1.20 crores taken by them from the original complainant and it had happened somewhere in 16th October, 2006. On the next date i.e. 17th October, 2006, some sort of Usanwar Pawati was executed between the parties mentioning the details, by which the total amount of Rs.1.20 crores was received by present applicants in four cheques each for Rs.30 lakhs. Dates of the cheques and other details of cheque numbers were also mentioned therein. Thereafter, present applicants revealed through public notice dated 3rd April, 2007 that some sort of transactions has been done with respect to some immovable properties and they objected for propagation of such transactions. Thereafter, on 12th July, 2007, a complaint was lodged before the J.M.F.C., Nashik bearing no.495 of 2007 against the original complainant herein. Orders under section 156(3) of Criminal Procedure Code were passed. Police investigated the matter. Apparently, during investigation, it was found to be civil transaction and hence, report was given to the Court. It is significant to note that much belatedly i.e. On 12th January, 2010, learned J.M.F.C., Nashik passed order of dismissing the complaint on the report of B summary submitted by the Police being matter of civil nature and false case for not to take SRJ 3 cognizance. 3. In the meantime, on 29th October, 2008, original complainant i.e. present Respondent filed a suit for specific performance for the enforcement of the agreement of sale dated 23rd March, 2007 alleged entered into between the parties for total consideration of Rs.1.20 crores. In fact, reportedly in the suit for the specific performance, it was averred that original agreement is lost. Even asking for mutation in the record of right regarding the entry of names of the original complainant/Respondents, it was made known to the Officer regarding loss of the original agreement to sale. 4. As against above, stand taken on behalf of present Respondent/Complainant in the present complaint lodged on 5th January, 2010 being Criminal Case No.16 of 2010 is contrary. Plea taken in the present criminal complaint as to said original agreement was handed over to the present applicants for obtaining ULC and it was allegedly done on the request of the applicants themselves. In the opinion of the Court, it is not the matter of such a nature that the interrogation of the present applicants is warranted. Accordingly, present application is disposed off with the following order:- (i) Criminal Application No.2748 of 2010 is allowed. SRJ 4 (ii) In the event of arrest of applicants- (1) Krishnadas G. Sungandhi, (2) Arvind G. Sungandhi, (3) Rajan G. Sungandhi & (4) Dilip M. Sungadhi in C.R.No.8 of 2010, registered with Sarkarwada Police Station, Nashik, they shall be released on bail on executing P.R.Bond of Rs. 15,000/- each with one surety for the like amount each. (iii) In the event of such arrest and after availing the bail, applicants shall attend the Sarkarwada Police Station, Nashik once in a week on every Sunday between 10.00 a.m. and 12.00 noon till the conclusion of the investigation or for another period of two months which ever is earlier. (A.R.JOSHI,J.)