DHIRENDER GABA Vs. STATE ( NCT OF DELHI )

JUDGEMENT

(1.) By way of this order, I shall dispose of the present petition filed under Section 438 Cr.P.C. on behalf of the petitioner for grant of anticipatory bail in case FIR No. 578/2020 dated 21.08.2020 under Sections 420/406/34 IPC registered at Police Station R. K. Puram.

(2.) Briefly stated, the facts of the case are that a complaint from Mrs. Renu Sayal was received at police station R.K. Puram against (1) Mr. Shiva Narayan Gupta (Director), (2) Mr. Dhirender Gaba, Director (present petitioner), (3) Mr. Naveen Gaba (Director), (4) Ms. Manorma (Director) and all other directors during 2014-2019 of Fairwealth Housing Private Ltd. UG3, Somdutt Chamber -2, Bhikaji Cama Place, New Delhi110066, alleging therein that the alleged persons on or about January 2014 launched a project titled 'Fairwealth Breeze Homes' Bhiwadi in which they were offering residential apartment for sale. After reading the advertisement during the month of January 2014, complainant visited the office of alleged company at Bhikaji and during the meeting alleged persons assured the complainant that the project of the company has all necessary approvals. Alleged persons induced the complainant to invest in their project by showing various Agreement to Sell purportedly entered between land owners and directors of 'Fairwealth Breeze Homes'.

(3.) It is alleged that due to the trust developed, the complainant on 01-02-2014 booked a residential apartment space measuring 1,000 Sq ft. (Super area) in the 'Fairwealth Breeze Homes' project. Complainant filled up the application / provisional registration form and paid Rs 2 Lakhs upfront as booking amount for the proposed project and subsequently letter was issued by the alleged company in which residential apartment No 1005, Tower B-2, on 10 Floor, was allotted to the complainant.