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Judgment
16 paragraphs · 359 wordsLeave granted.
We have heard learned counsel for the parties.
This appeal has been filed against the judgment and order dated 22.11.2018, by which the application for anticipatory bail in Crime No. 425 of 2018 registered with Juhu Police Station for offence punishable under Sections 420, 406 r/w 34 of the IPC and Sections 3,4,5,8,11 and 13 of the Maharashtra Ownership Flats Act was rejected.
This Court by order dated 03.01.2019 stayed the arrest of the appellant and on 08.11.2019 passed the following order:
"In a counter affidavit, filed on behalf of the respondent(s), it has been mentioned that demand draft of Rs.30 lakhs dated 03.08.2018 had been given in the name of complainant and further in paragraph 22 of the affidavit, it has been stated that four demand drafts, in total Rs.1,30,31,210/-are with the police station. However, the validity of the demand drafts has expired long ago.
Learned counsel for the petitioner submitted that he is ready to re-validate all the demand drafts and handed over all the demand drafts amounting to Rs.1,60,31,210/- to the complainant.
The complainant shall return the demand draft of Rs.30 lakhs dated 03.08.2018 to the petitioner for purposes of re-validating.
Let the petitioner re-validate the demand drafts and hand over entire amount of Rs.1,60,31,210/- to the complainant within a period of four weeks.
The aforesaid amount may be accepted by the complainant without prejudice to his rights.
List after four weeks"
Learned counsel for the appellant submits that the amount of Rs.1,60,31,210/- is paid to the complainant, which fact is also not disputed by learned counsel for the respondents.
Learned counsel for the respondents submits that the said payment cannot be treated as a full and final payment.
We are of the view that ends of justice be served in disposing of the appeal with continuing the protection granted by this Court. We order accordingly. We make it clear that we have not expressed any opinion on the merits of the case.
Pending application, if any, stands disposed of.
Special Leave to Appeal (Crl.) No. 10948/2018
The special leave petition is disposed of in view of the above. Pending applications stand disposed of.