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Judgment
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with complaint case no. C/1 149 of 2013 registered under Sections 406, and 420 of the Indian Penal Code.
Mr. Anil Kumar, learned senior counsel appearing for the petitioner submits that on 25.10.19 submission was made by learned senior counsel appearing for the petitioner before the Hon'ble Supreme Court of India in the Special leave to Appeal (Criminal) no. 7235 of 2019 arising out of this judgment and order dated 08.07.2019 was passed in this case wherein learned senior counsel made a submission before Hon'ble Supreme Court of India that no offer was made by the petitioner before this court that the petitioner is liable to pay Rs. 60,00,000/- to the opposite party no. 2 and he is ready and willing to repay the said amount in installments without prejudice to his defence in the case and consequent upon that, on such submission being made, Hon'ble Supreme Court of India having been pleased to set aside the order on the ground that the anticipatory bail dated 08.07.2019 passed in this case by this court, requested this court for deciding the anticipatory bail strictly in accordance with law.
Mrs. J. Mazumdar, the counsel who was earlier appearing in this case on behalf of the petitioner submits that the petitioner made false statement before Hon'ble Supreme Court of India and in fact she has sought instructions regarding the willingness of the petitioner through his parivikar namely Kaushal Kumar Agrawal who instructed her on behalf of the pairvaikar to admit the liability of the petitioner to the extent of Rs. 60,00,000/- and convey the readiness and willingness of the petitioner to repay the said amount and though Mrs. Mazumdar advised the parivikar to remain present in the court , parivikar informed Mrs. Mazumdar the night before the case was listed, he will try to come to the court on the next date but in the next morning, that is on the date on which the case was listed of before this Bench, when Mrs. Mazumdar rang up the parivikar, he excused himself for coming in person and when Mrs. Mazumdar advised him to seek adjournments on his behalf, the parivikar instructed her not to seek adjournment to go ahead with the case and Mrs. Mazumdar intimated the parivikar that if the adjournment is sought, the order of interim protection may be vacated by the court, at which the parivikar instructed Mrs. Mazumdar to proceed ahead with the case and instructed her to admit liability to the extent of Rs. 60,00,000/- and also to convey the readiness and willingness of the petitioner for payment of the said amount. Accordingly, senior counsel Mr. R. S. Mazumdar, made submission before this court and during argument also, Mr. Mazumdar sought adjournment and another counsel Mr. Rajesh Kumar called the said parivikar- Mr. Agrawal over phone and Mr. Rajesh Kumar sought instruction from Mr. Agrawal and Mr. Agrawal reiterated that the petitioner is ready and willing to deposit Rs. 60,00,000/- and maximum time be taken for the same and accordingly 18 months' time period was taken on behalf of the petitioner for making payment without prejudice to his defence in the case.
Learned counsel for the opposite party no. 2 prays for time to file supplementary affidavit annexing therein the document to show the delivery of articles to the petitioner in respect of which, the claim of Rs. 60,44,363/- has been made by the complainant.
Mr. Anil Kumar, learned senior counsel for the petitioner submits that he will file supplementary affidavit mentioning therein whether the petitioner is ready and willing to pay amount if, the opposite party no. 2 succeeds in establishing the delivery of articles in respect of which, the claim of Rs. 60,44,363/- is made.
List this case after three weeks.
Cr.M.P. No. 3607 of 2019
The learned Senior counsel for the petitioner prays for time. List this case along with ABA No. 1557 of 2019 after three weeks.