1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2070 OF 2010 Shailendra Singh )..Applicant Vs. The State of Maharashtra )..Respondent ---- W I T H CRIMINAL APPLICATION NO.2072 OF 2010 Rubin Tolaran Malkani )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. Aabad H.H.Ponda alongwith Mr.Ameet Naik & Ms.Anushree i/by M/s.Naik Naik & Co. for the applicant in Criminal Application No.2070/2010. Mr.H.H.Ponda @ Mr.Vineet Naik & Ravi Suryawanshi i/by Mr.Hrishikesh Mundargi for the applicant in Criminal Application No.2072/2010. Mr.M. G. Shukla for the original complainant. Smt.A. A. Mane APP for the State in Criminal Application No.2070/2010 Smt.V. R. Bhosale APP for the State in Criminal Application No.2072/2010. ---- Coram : R.S.MOHITE,J Date : 5th May, 2010 PC 1 Since both these applications arise out of the same crime i.e C.R.No.588/2009 registered by the Khar Police station, Mumbai for alleged offences under Section 420 r/w 34 of IPC, the same can be conveniently disposed off by a common order. 2 2 The applicant in Criminal Application No.2070/2010 Shri Shailendra Singh is a partner in a firm by name Tyger Production. The applicant in Criminal Application No. 2072/2010 i.e Rubin Tolaran Malkani is a person who according to the prosecution has signed an agreement on behalf of M/s.Tyger Production. In short, the prosecution case is that though the partnership firm had earlier assigned their rights in respect of the film “Pyar Main Kabhi Kabhi” under an agreement dated 12.1.2000 in favour of News Television India, the same rights were again sold by an agreement dated 19.11.2002 in favour of “M/s.WEG India” on behalf of whom a complaint has been filed. I have heard the parties at length. Though the agreement is dated 19.11.2002, the complaint has been filed on 26.12.2009. On behalf of the applicants it was contended that the license period has come to an end by operation of statue. Be that as it may, prima facie, entire dispute has shades as a civil dispute. Advocate for the applicants made a statement that they will repay the entire amount with simple interest @ 12% without prejudice to the rights of the complainant/company to claim more interest/damages. Advocate for the complainant- company is agreeable to accept the amount on such terms. Two manager’s cheques, one of Rs.11 lakhs towards the principal amount and another of Rs.9,79,000/- towards the simple interest @ 12% have been handed over to the complainant in the Court today and has been accepted by the Advocate for the Complainant. In the circumstances, in the event of their arrest in pursuance of C.R.No.588 of 2009 registered by the Khar police station, the applicants may be released on bail in the sum of Rs.15,000/- each with one surety each in the like amount subject to the condition that they will report to the Investigating officer as and when called upon to do so in writing and remain present on all dates of their trial unless exempted. It is made clear that not-with-standing the receipt of the amount, the complainant/company will be entitled to claim further contractual/statutory interest due 3 to them and/or damages in the civil Court, if they so desire. Both the Applications disposed off. (R.S.MOHITE,J) 4