LAWS(DLH)-2010-8-213

NARESH KUAMR Vs. STATE

Decided On August 18, 2010
NARESH KUAMR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for grant of anticipatory bail under section 438 of the Cr.P.C., in respect of FIR No.511/2007 lodged by the complainant, Mr.Naresh Sabharwal against the petitioner and three others under Section 120B/406/419/420 IPC registered with PS Defence Colony.

(2.) A status report was filed by the State on 24.9.2009. An additional status report dated 6.11.2009 is handed over by the learned APP for the State.

(3.) As per the status report, the facts of the case are that the complainant, Mr.Naresh Sabharwal alleged that the petitioner introduced himself as a Patwari of District Sohna, Gurgaon and showed him a piece of land measuring 110 acres claiming that the same belonged to him though on papers, the same was in the names of one Mr.Arun Mathur and Mr.Narayan Mathur, two other co- accused. Believing the assurance given by the petitioner, the complainant entered into an agreement, which was signed by Mr.Arun Mathur, as the owner and another co-accused, Mr.Jagdish Nambardar, as a witness. The complainant claims to have paid a sum of Rs.5,77,500/- in cash to the petitioner, and subsequently, a demand draft of Rs.5,00,000/- and a sum of Rs.1,00,000/- in cash was paid to the petitioner, who issued a receipt under his signatures to the complainant acknowledging receipt of payment. The complainant further alleged that he was planning to sell his TATA Safari Car, which the petitioner herein offered to purchase from him for a sale consideration of Rs.5,25,000/- and it was agreed that the sale proceeds of the vehicle would also be adjusted towards the final payment of the land deal between the parties.