(1.) This is an application filed under Sec. 438 Cr.P.C for grant of anticipatory bail to the petitioner/accused in case FIR No. 347/2017 dtd. 1/7/2017 under Ss. 406/420/34 IPC registered at Police Station Neb Sarai.
(2.) According to the complainant, he came into contact with Avnish Sharma, Mukesh Sharma (present petitioner) and one Parul Chaudhary who portrayed themselves as businessman. All these persons showed their keenness in starting a new lounge and bar and persuaded the complainant to become their partner. Upon several meetings and discussions between the complainant, Avnish Sharma and Parul Chaudhary, complainant agreed to invest in their project and transferred Rs.16.00 Lakh on 25/05/2016, Rs.47.00 Lakh on 26/5/2016 and Rs.20.00 Lakh on 5/7/2016 in different bank accounts as per the instructions of Avnish Sharma and Parul Chaudhary. It is alleged that thereafter on 19/8/2016, an agreement was executed between the complainant and alleged Avnish Sharma. The development work of lounge and cafe started and the complainant paid Rs.46.00 lakh on 20/9/2016, Rs.10.00 lakh on 21/9/2016 and Rs.5.00 Lakh on 29/12/2016 in different accounts as per the instructions of Avnish Sharma and Parul Chaudhary.
(3.) It is alleged that the complainant paid a sum of Rs.1.44 Crore through bank transaction and Rs.70.00 lakh through cash vide series of transactions. It is alleged that Avnish Sharma, present applicant/accused and Ms. Parul Chaudhary took the above amount in different bank accounts citing income tax issues. Thereafter, from January 2017 Avnish Sharma ceased to take the calls of the complainant and stopped responding to his messages and mails. When the complainant inspected the proposed site, he found that the work has been stopped and no labour was working there. When he tried to contact Avnish Sharma and Parul Chaudhary their whereabouts were not known. It is alleged that the complainant then came to know that the above named 3 persons are habitual offenders and had duped a number of people and they have cheated the complainant for a sum of Rs.2.00 Crore 14 Lakh.