IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.316 OF 2009 Mukeshkumar S Jain ...Applicant Vs. The State of Maharashtra & Anr. ... Respondents --- Shri N.R. Bubna for Applicant Shri S.S.Pednekar, APP for State ---- CORAM: V.M. KANADE J. DATED 3RD FEBRUAY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. This is an application for anticipatory bail. 3. Perusal of the complaint discloses that the complaint was filed by the Complainant almost after a period of three years in which he has stated that the amount which was due and payable to the Complainant, was not paid. 4. The learned Counsel appearing on behalf of the Applicant submitted that pursuant to an order placed by one Pankaj Kumar Mundot, proprietor of Mahavir Trading Co., he had purchased grey cloth worth Rs.16,14,601/- from the said proprietor. A notice was sent by the said proprietor alleging that only part of the amount was paid. 5. It is a case of the Applicant that his brother had already paid the said amount in the year 2004 itself by issuing various cheques and receipt of the said payment was issued by the brother of Respondent No.2. 6. Taking into consideration the allegations made by the Complainant in the complaint, in my view, the dispute essentially is of civil nature and present complaint has been filed as an arm crystal tactics to take money from the Applicant in respect of the time barred debt. The Applicant is, therefore, entitled to be released on bail in the event of his arrest. 7. The Applicant, in the event of his arrest for the offence punishable under sections 406, 409, 415, 420, 324, 325, 506,114, 120(b) and 34 of the Indian Penal Code vide C.R. No.8 of 2008 registered at Ayeshanagar Police Station, shall be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned police station, as and when called. 8. Application is, accordingly, disposed of. V.M. KANADE J.