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MHNS010034682022
Order below Exh.1 in Criminal Anticipatory Bail
Application No.853/2022.
1.

This is an application for anticipatory bail under section 438
of Cr.P.C. in C.R.No. I­127/2022 registered against applicant nos. 1)
Narendrakumar Rajmalji Jain, 2) Ameeth Ignatius Lewis and 3) Jacky
Madanlal Jain at Gangapur Police Station for the offence punishable under
sections 420, 406 r/w section 34 of the Indian Penal Code.
2.

In short it is the case of prosecution that Jazz Developers
entered into registered leave and license agreement with the complainant
in the year 2015 with respect to Bosco Center, Gangapur Road for 1 st, 2nd
and 3rd floor with deposit of Rs.30 lakhs which was given by cheque even
then Jazz Developers did not obtain the requisite facility/permission from
municipal corporation for running the banquet hall and hotels rooms.
Complainant entered into an agreement with the partners of Kasaliwal
Super Specialty Hospital even when they had knowledge about the
agreement with the complainant. They in connivance with each other and
on their own entered into rent agreement on 03.08.2021 with respect to
2nd floor. The said agreement contend false and misleading conditions.
They prepared false documents by showing that it is a true document and
got it registered by misleading the Registrar by executing two documents
of the same property. With respect to 3 rd floor and terrace Jazz Developers
must have entered into agreement with third person. Thus, causing
cheating and financial loss to the tune of Rs.5.50 corer which consists of
articles used for conducting hotel business as well as deposit worth Rs.30
lakhs.

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3.

Applicants have sought pre­arrest bail on the count that
though the lease agreement was executed on 14.01.2015, however,
complainant did not pay the rental amount. When they perused the
document it came to their knowledge that complainant change some
papers of the said agreement before actually signing before Sub­Registrar.
The rent amount was change from Rs.9,60,000/­ to Rs.4,50,000/­ as well
as fixed deposit amount from Rs.75.6 lakhs to Rs.30 lakhs. Therefore, the
applicants lodged complaint against the complainant on 19.09.2016.
When complainant was called for inquiry he lodges the complaint with
false allegations to save his skin. In the meantime applicants have filed
Civil suit No. 9/2017 for recovery of loss worth Rs.97,64,736/­ which was
compromised. Complainant offered the proposal of partnership with Jazz
Developers and offered 30% partnership in settlement of rental amount.
As Jazz Developers suffered loss they had no option but to accept the
offer.
4.

Leave and license agreement was cancelled. On the same day
partnership agreement as well as MOU was executed between
complainant and the applicants wherein it was agreed that Choughule and
Naik should pay Jazz Developers monthly rent of Rs.30 per square feet
and Rs.50,000/­ for terrace per month. Applicants obtained all the
necessary permission for running the business of hotel for 2 nd and 3rd floor
with terrace. Applicant no. 1 and 2 have transferred Rs. 82 Lakhs from
the bank however complainant and Naik did not pay anything towards
rent of the building till 21.09.2018 therefore applicant issue notice for
cancellation of partnership and MOU. Applicant no. 2 sent notice to Jazz
Developers on behalf of CNJ Hospitality informing them regarding non
accessibility of Mr. Chaughule and Nayak as they are charged under MPID
Act due to which applicants have handed over possession of 2 nd, 3rd &
terrace floor. Notice was also sent to complainant and filed Civil Suit
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210/2021.

Complainant has appeared and filed his reply.

In the
meantime to save his skin complainant has filed application with
Gangapur Police Station. They have appeared and filed they reply. Co­
accused has been granted interim bail by the Hon’ble High Court.
Applicants have apprehension they will be arrested.
5.

It is contented by the applicants that they have been falsely
implicated in the crime. Offence leveled against them are not attracted.
Complainant has suppressed important circumstances of pending
litigation. Applicant Lewis has acted as panch witness to various
Panchanama for the offence under MPID Act which is filed against the
complainant. Complainant has grudge against them, all the documents
are in the custody of Police. They are ready to abide by the terms and
conditions. Hence, prayed to allow the application.
6.

The Investigating Officer has objected this application on the
count that on 14.01.2015 at the time of entering into agreement with the
Jazz Developers and its partners complainant gave Rs.30 lakhs from his
bank Vijaya Bank and some amount in cash. Applicants/accused and Jazz
Developers and its partners have destroyed and misappropriated goods
brought by the complainant for hotel and banquet. After entering into an
agreement with the complainant Jazz Developers and its partners entered
into an agreement with the present applicants. Applicant along with his
partners has misappropriated and destroyed the muddemal which was
brought by the complainant for the hotel business. After entering into
partnership with the complainant Jazz Developers have
entered into
partnership with Dr. Anil Kasliwal and others. Complaint was made to
Gangapur Police Station and to avoid legal proceedings Jazz Developers
and its partner took the complainant in confidence and entered into MOU
on 20.04.2017 thus instigated the complainant to forfeit his right on the
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first floor. Complainant incurred expenses of Rs.5,02,33,912/­ for interior
of terrace banquet and hotel lodging rooms. Jazz Developers had agreed
to obtain requisite permission from municipal corporation. Moreover, Jazz
Developers and its partner did not obtain the said permission and avoided
the same due to which complainant could not commence their business.
7.

In the intermediate period Jazz Developers and its partner
entered into registered leave and license agreement with the Dr. Kasliwal
with respect to second floor of Bosco center on 03.08.2021. In the hall
towards west complainant had incurred expenses of Rs. 55 to 60 lacks for
the interior decoration. In the said interior decoration he had fitted air
conditioner, sound proof furniture etc. which is not found. They have to
arrest the applicants so as to inquire as to how they have disposed off the
misappropriate goods and recover the misappropriate muddemal.

The
applicants have knowledge about the whereabouts of the partners of Jazz
Developers i.e. Ameet Lewis and Lucky Jain so that they have to inquire
about the same from them. They have to inquire about the involvement of
persons who directly or indirectly involved in the case. Hence, prayed for
rejection of the application.
8.

Heard Ld. Advocate for the applicant and Ld. APP for the
State in detail. Perused the FIR and the case diary. The Advocate for the
applicants has argued in detail about the entire transaction which was
carried out between the parties. The also content that they have cancelled
the MOU and partnership deed. As the applicants have filed Civil Suit for
recovery complainant has lodged the complaint.

It appears that long
litigation is pending between the parties. The complainant has already
alleged above the transaction entered between the parties.

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9.

On considering the facts of the case it is seen that
complainant has entered into leave and license agreement with the
partners of Jazz Developers, however, they again enter into agreement
with Dr. Kasliwal. It is contended by complaint that
expenses
he has incurred
of Rs.5,02,33,912 towards the interior decoration of terrace
Banquet and Hotel room however applicant failed to obtain permission.
Applicants contend that permission were obtained. However, no detail are
stated when and which permission were obtained by them.
10.

Investigating officer has specifically contended that they have
to recover the misappropriated goods as well as to inquire about the
offence.

The grounds made by the investigating officer are justified. No
case has been made by the applicants to hold that they have been falsely
implicated in the present case. Hence, I proceed to pass following order :­
ORDER
1]
The application is hereby rejected.

2]
Inform concerned Police Station accordingly.

Nashik.
Date : 20/07/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.