Mumbai, July 19, 2022 – Navin Janardhan Pendam, an agent, has been granted bail by the Sessions Court in Mumbai in connection with a cheating case. Pendam was arrested in connection with Crime No. 29/2022, registered at Dadar Police Station, for offenses under Sections 420 (cheating) and 406 (criminal breach of trust) of the Indian Penal Code (IPC).

The Allegations

According to the complainant, Sachin Narendra Salvi, he was introduced to Pendam by Namrata Madam in 2015 when he expressed his desire to purchase a room. He paid Pendam a total of Rs. 11,87,000 in cash between December 2015 and January 2016. Pendam promised to give possession of the room within two days but failed to do so. He later issued several cheques to Salvi, which were dishonored.

Pendam’s Defense and Arguments

Mr. Anil Bansode, representing Pendam, argued that his client was innocent and had no intention of cheating the complainant. He stated that Pendam had made part payments to the complainant and was ready to return the remaining amount. He also argued that the charge sheet had been filed, and there was no need for further detention. Pendam, a permanent resident of Mumbai, has an elderly mother to care for.

Prosecution’s Objections

Mr. J.N. Suryawanshi, the Additional Public Prosecutor (APP), opposed the bail application, arguing that Pendam might threaten witnesses and abscond if released.

Court’s Observations and Decision

Additional Sessions Judge Vishal S. Gaike considered the submissions and the documents on record. The court noted that the Investigating Officer claimed Pendam was a habitual offender but provided no details of prior crimes. The court also observed that while the initial transactions were in cash, Pendam had made some repayments through bank transfers, indicating a lack of intent to cheat from the beginning.

“As the applicant has returned back some amount to the complainant, therefore, prima facie, there appears no intention from the inception to cheat the complainant. The charge-sheet is already filed and no further purpose would be served by keeping the applicant behind the bars. The presumption of innocence is available to him till conclusion of his trial. Applicant is permanent resident of Mumbai. Therefore, there is no possibility that he will flee away from justice,” Judge Gaike stated in the order.

The court, considering the lack of details about prior offenses, the part payments made, and the filing of the charge sheet, decided to grant bail.

Bail Conditions

Pendam was granted bail on a personal bond of Rs. 15,000 with one surety of the same amount. The court imposed the following conditions:

• Pendam must not tamper with prosecution witnesses or evidence.
• He must furnish his detailed address, mobile/contact number, address proof, and identity proof at the time of furnishing bail.
• He must inform the court and Investigating Officer of any change in his residence or mobile/contact number.
• He must attend court regularly.
• He must cooperate with the Investigating Officer.
• He must not leave the jurisdiction of the court without permission from the concerned Metropolitan Magistrate.
• He must not threaten or pressurize the complainant or witnesses.
• Bail must be furnished before the concerned Metropolitan Magistrate.
• Provisional cash bail of Rs. 15,000 is allowed for eight weeks.

Key Points

• Lack of Prior Offense Details: The court noted the absence of specific details regarding Pendam’s alleged prior offenses.
• Part Payment: The court considered the fact that Pendam had made some repayments to the complainant.
• Filing of Charge Sheet: The court observed that the charge sheet had been filed, indicating the completion of the investigation.
• Presumption of Innocence: The court emphasized the presumption of innocence until proven guilty.
• Permanent Residence: Pendam’s permanent residence in Mumbai was considered.
• Cash Transactions: The fact that the initial transactions were in cash was noted.