VILAS SANDIPAN CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking anticipatory bail in connection with C.R.No. 43 of 2019 registered at Khandeshwar Police Station, Navi Mumbai, on 03/03/2019, under sections 420 r/w. 34 of the Indian Penal Code (for short 'IPC') and under section 13 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 1963.

(2.) The First Information Report (for short 'F.I.R.) is lodged by one Santosh Parab. He has stated that, he wanted to purchase a room for himself. In January 2013 he saw an advertisement of M/s. Mauli Builders and Developers. He went to their office. That time he met the accused Sajjan More, present applicant and Rajesh Chopde who were partners of that firm. They told the first informant that they were constructing buildings on survey No.21, Bonshet gaon, Tal. Panvel, Dist. Raigad by the name Mauli Sankul and they quoted price of Rs.12,34,800/- for 1 B.H.K. flat admeasuring 529 sq.ft. They even showed the site to the first informant. The informant decided to purchase that room. He specifically asked the present applicant and co-accused Sajjan More as to whether they had all the necessary permissions for construction. They told him that they had all the requisite permissions. Thereafter the informant paid money through cheques and cash. In all, he paid Rs.6,50,000/- by cheque and cash. After that, the applicant executed an agreement for sale by way of a notarized document. However, registered document was not executed. After a few days the applicant and accused Sajjan More stopped the construction work and it was not completed. The informant asked for return of his money. He also gave them option of giving another room or to return the booking amount. However, the applicant and the other accused did not respond. The informant came to know that there were other victims like him namely Lata Parmeshwari, R. Kartikkumar, Rupesh Matkar and Sunil Singh etc., who were together cheated for an amount of Rs.20,50,000/-. The amount was misappropriated. Therefore, this F.I.R. was lodged. The applicant was protected by an interim order dated 30/08/2019. At that time, the investigating officer was not present and learned APP had sought time.

(3.) Today I have heard Shri. Kuldeep Patil, learned counsel for the applicant and Ms. Mulekar, learned APP for the State.