ASHISH VIRENDRA MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicant came to be chargesheeted for the offence punishable under Ss. 420 read with Sec. 34 of the IPC and under Ss. 13 and 14 of MOFA in Crime No. 201 of 2021. Applicant, after his arrested on 1/7/2021 was subjected to interrogation.

(2.) Prosecution story against the Applicant is, Applicant promised delivery of flats in December, 2018 with extension of one year, after having accepted consideration against the same, failed to deliver possession and as such, committed an offence of cheating.

(3.) Submissions of Mr. Ponda, learned Senior Counsel for the Applicant are, on the same set of facts two offences i.e. present one viz C.R. No.201 of 2021 and another viz C.R. No.56 of 2020 are registered. He would invite attention of this court to the fact that Applicant was on interim pre-arrest bail protection in C.R. No.56 of 2020. However, as he was arrested in present offence, said Application rendered infructuous. According to him, offence is punishable with maximum imprisonment for seven years and the dispute is of civil nature. He submits that so as to show bonafides, Applicant is willing to deposit an amount of Rs 1,10,00,000/- with the Investigating Officer to take care of the monetary interest in the crime. Mr. Ponda further claims that what was promised to deliver and the period within which delivery would be made was well within the knowledge of the complainant. According to him but for complainant and purchasers who are in minority, others who have booked Flats are supporting cause of the Applicant as he has every intention to handover developed property to the purchasers. He would further claim that the alteration in the structure was within the knowledge of complainant.