..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1461 OF 2008 Mr.Pradeep Govind Surpur. ..Applicant. Versus Versus Versus The State of Maharashtra and Anr. ..Respondents. .... Mr.P.R.Dave, Adv. for Applicant. Mr.S.S.Parab, Adv. for orig.complainant. Ms.P.P.Shinde, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 7th July, 2008. DATED : 7th July, 2008. DATED : 7th July, 2008. P.C.: . Leave to amend. Amendment to be carried out forthwith. 2. Heard Mr.Dave, learned Counsel for the Applicant-orig.accused No.1, Mr.Parab, the learned Counsel for the orig.complainant and Ms.Shinde, the learned APP for the State. 3. The applicant-orig.accused No.1 is seeking anticipatory bail in C.R.No.68 of 2007 of Shivaji Park police station, Mumbai. The said case is under section 408 r/w. 34 of IPC. 4. The case of the complainant is that the applicant was in their service. On account of the ..(2).. service, a flat was given to the applicant to reside in during the period of service. The said flat is at New Shivkutir Co-operative Housing Society, Vir Savarkar Marg, Dadar (West), Mumbai. The said flat has been taken by the complainant from Mr.S.S.Singh on leave and licence basis and the flat was given to the present applicant to reside in during the period of service. The services of the applicant came to be terminated on 16th March, 2004. However despite repeated reminders, the applicant did not vacate the said flat till 16th September, 2006. The case of the complainant is that on 16th September, 2006 when the applicant vacated the flat, he took away all the fixtures in the flat, the value of which was Rs.70,000/-. On account of the applicant taking away the said fixtures, the landlord of the said flat sent notice to the complainant seeking compensation of Rs.1,20,000/-. Thereafter the landlord deducted Rs.1,20,000/- from the security deposit of complainant. 5. The learned counsel for the complainant states that they are only interested in getting Rs.1,20,000/- which has been deducted by the landlord of the said flat from their security ..(3).. deposit, and if the applicant pays the said amount the complainant is not interested in pursuing the complaint. Mr.Dave the learned Counsel for the applicant, on instructions from the applicant who is present before the Court, states that the applicant is willing to deposit an amount of Rs.1,20,000/- before this Court by 5th August, 2008. In view of this statement, and the statement made by the learned counsel for the complainant, C.R. No.68 of 2007 Shivaji Park Police Station, Dadar stands quashed. However, it is made clear that if there is any default on the part of the applicant in depositing the amount of Rs.1,20,000/- before this Court by 5th August, 2008, C.R. No.68 of 2007 of Shivaji Park police station, Dadar shall stand revived and it will be open to the investigating agency to take the applicant in custody. If the amount of Rs.1,20,000/- is deposited, liberty to the complainant to withdraw the said amount. 6. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)