Saif Gulam Abbas Kallan And ORS. v. State Of Maharashtra And ORS.

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2022.07.02 11:26:47 +0530 sg 1/2 14.apl462-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.462 OF 2022 WITH INTERIM APPLICATION NO.1682 OF 2022 IN CRIMINAL APPLICATION NO.462 OF 2022 WITH CRIMINAL APPLICATION NO.413 OF 2022 WITH INTERIM APPLICATION NO.1684 OF 2022 IN CRIMINAL APPLICATION NO.413 OF 2022 Saif Gulam Abbas Kallan And Ors.

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Applicants v/s.

The State of Maharashtra & Ors.

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Respondents ....

Mr. B.B. Tiwari, i/b. BBT Legal, for the Applicants. Mr. K.V. Saste, APP, for State.

Mr. Shahbaz Pathan, for First Informant/Respondent No.2. ....

CORAM: NITIN JAMDAR & N.R. BORKAR, JJ.

DATE : 29 JUNE 2022.

P.C:- The FIR is sought to be quashed by consent of the Respondents. Perusal of the FIR indicates that the grievance of the

sg 2/2 14.apl462-22.doc Respondent-Complainant is that inspite of booking certain premises, upon payment, those have not been delivered to them. According to the Applicants, the offer of the Applicants is that they will repay the amount agreed upon by them by post-dated cheques. The learned Counsel for the Applicants states that the Applicants accepts that the entire amount would be paid by September 2022. 2.

Considering the nature of the prosecution and the number of parties involved, we are of the view that no order needs to be passed on the application today. Criminal Application Nos. 462 and 413 of 2022 are adjourned to 12 September 2022. To be listed under the caption "For Directions" to ascertain whether the amount as agreed would be repaid.

3.

As regards the application for no coercive action, the same is disposed of as it is always open to the Applicants to take necessary steps in respect of anticipatory bail, etc. on their own merits. Interim Application Nos.1682 and 1684 of 2022 are disposed of accordingly. (N.R. BORKAR, J.) (NITIN JAMDAR, J.) 0