RAJVARDHAN TULSHIRAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 92/2017 initially registered with the Kamothe Police Station and subsequently transferred to the Economic Offence Wing- II, Navi Mumbai, for the alleged offences punishable under Sections 420, 406, 34 of the Indian Penal Code; under Section 13(1), 4(2) of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act and under Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act ('MPID Act').

(3.) Perused the papers. According to the complainant-Rahul Hulge, he was in search of a room/tenement near Panvel. He has stated that he has received information that M/s. Khyatiraj Devcon was going to start a construction of new building project at Mauje Panvel, Survey No. 718, Hissa No. 345, Near Karnala Sports Club, Taluka Panvel, District Raigad. The complainant-Rahul has further alleged that he visited the office of M/s. Khyati Devcon on 22nd October 2014, where, he was informed that the applicant and his wife were the Directors of the said M/s. Khyatiraj Devcon Pvt. Ltd. and that another co-accused Sanjay Govari and his wife were partners of M/s. Khyatiraj Builders and Developers. It is alleged by the complainant that the land on which the building was to be constructed, belonged to Sanjay Govari and his wife and that all permissions were obtained and they were to start and complete the project in two years. Pursuant thereto, the complainant-Rahul visited the site and thereafter, booked a flat of 525 sq.ft. and paid a sum of Rs. 1,05,000/- to the builder, by cheque. He has stated that the project did not start and hence, he met the applicant and other co-accused-Sanjay Govari, however, they gave evasive answers and did not return the money. Pursuant thereto, the aforesaid complaint was lodged, alleging the aforesaid offences.