Observing that there is “absolutely no guilty intention” on part 72-year-old Pune-based builder Deepak Kulkarni of DSK Group to cheat a home buyer and that the concerned project was stalled due to his arrest and circumstances were beyond his control, a special court in the city has granted bail to him. He, however, remains in custody in a money laundering case.
Every breach of contract doesn't count as cheating: Court
The home buyer had alleged cheating as she did not get possession by March 2018 as stipulated in the registered agreement. The court noted that this is at most a case of breach of commercial agreement and said it is a settled legal position that every breach of contract would not give rise to an offence of cheating. Therefore, the offence cannot be labelled or stamped as an economic offence and cheating, it stated.
The order narrated that as per a statement part of the chargesheet, it clearly indicates that the building where the complainant had booked her flat was in swing, reached upto fifth floor and was in progress and it was stalled as the builder and his entire family and staff were arrested in connection with another offence.
Kulkarni “very old” and “ailing” prisoner: Court
Special Judge MG Deshpande said in the order that the case had been pending before another court since 2020 and during the period it had been adjourned on several occasions being dealt with 170 times and yet did not achieve much progress. It said there is “no likelihood that trial will begin and conclude in the near future”.
The court noted further that the septuagenarian has been in custody in the case for over three years and has undergone a maximum period of detention without trial. The offence of cheating is punishable by a maximum of seven years of imprisonment. He has been undergoing detention “simply for a breach of condition in the registered agreement” and not delivering flats in time, the order read. The court also noted that he is a “very old” and “ailing” prisoner citing the report of the Pune prison’s medical officer.
