PARAMJIT SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) HEARD THROUGH VIDEO CONFERENCNG

(2.) Mr. Abhimanyu Tewari, learned counsel for the petitioner states that the petitioner apprehends that he will be arrested by the police in the said FIR and hence this petition under Section 438 of Cr.P.C. has been filed.

(3.) The allegation in the FIR is that the complainant, one Mr. Sanjay Syal, was looking for an accommodation which would be suitable to meet needs of his specially abled girl child. It is stated in the FIR that the complainant approached one Mr. Anil Seth who was known to his neighbour and is running a business of property dealing in South Delhi. It is stated that Mr. Anil Seth introduced him to one Mr. Suresh Kumar Sharma, another property broker. The said Mr. Suresh Kumar Sharma mentioned about the sale of a property bearing No. 50 at Hemkunt Colony, New Delhi (hereinafter called as 'the property'), owned by one Mr. Jagdev Singh Dhillon staying at Canada. Mr. Suresh Kumar Sharma assured the complainant that Mr. Jagdev Singh Dhillon had executed a Power of Attorney in the name of his brother-in-law, Mr. Amarjit Singh Dhillon, for the purpose of sale of the property and had authorised him to enter into Agreement to Sell the said property and to receive consideration for the same. It is stated that Mr. Suresh Kumar Sharma introduced the complainant to Mr. Paramjeet Singh Sandhu, the petitioner herein, his son Mr. Mandeep Singh Sandhu and Mr. Jaswer Grewal, stating that all of them know Mr. Jagdev Singh Dhillon and they have got family relations with each other. It is stated that all the above named persons assured the complainant that they would help him in getting a very good deal in respect of the sale of the abovementioned property. It is stated in the FIR that on believing the representations of Mr. Paramjeet Singh Sandhu, the petitioner herein, his son Mr. Mandeep Singh Sandhu and Mr. Jaswer Grewal the complainant agreed to negotiate for the purchase of the said property. It is stated in the FIR that the complainant inspected the property and he was satisfied with the property. It is also stated that Mr. Amarjeet Singh Dhillon assured him that he is the Power of Attorney holder of Mr. Jagdev Singh Dhillon vide power of attorney dated 21.11.2018, a copy of the same was also handed over to him. The total consideration was fixed at Rs.5,25,00,000/- (Rupees Five Crores Twenty Five Lakhs only). An Agreement to Sell was entered into between the complainant and Mr. Amarjeet Singh Dhillon being the Power of Attorney holder of Mr. Jagdev Singh Dhillon who is the owner of the property. It is stated in the FIR that out of total consideration of Rs.5,25,00,000/- the complainant has paid Rs.84,50,000/- (Rs. 82,50,000/- through RTGS/DD/Cheque and Rs. 2,00,000/- in cash) for purchasing the aforesaid property. It is also stated in the FIR that the complainant requested Mr. Amarjeet Singh Dhillon to furnish the contact details of the owner of the property Mr. Jagdev Singh Dhillon for ensuring the receipt of the part payment of the property and to expedite the execution of Sale Deed and handing over of possession of the aforesaid property. It is stated that Mr. Amarjeet Singh Dhillon provided an e-mail ID being jagdevsinghdhillon583@gmail.com and he was assured that the said e-mail ID belongs to Mr. Jagdev Singh Dhillon. It is stated that in the e-mail sent to Mr. Jagdev Singh Dhillon the complainant asked him to confirm whether he has received the first installment paid towards part payment for sale of the property. It is stated in the FIR that on 06.02.2019, a reply was received through e-mail ID jagdevsinghdhillon583@gmail.com acknowledging the receipt of the part consideration. It is stated that the e-mail dated 06.02.2019 stated that further payments with respect to the sale of the aforesaid property also be made in favor of Mr. Amarjeet Singh Dhillon. It is stated that a second e-mail was sent on 07.02.2019 by the complainant stating that the payment of Rs.20,00,000/- has been given to Mr. Amarjeet Singh Dhillon through pay orders and in cash. It is stated in the FIR that after getting the said confirmation the complainant called for a meeting with Mr. Suresh Kumar Sharma, the petitioner, Mr. Mandeep Singh Sandhu, Mr. Jaswer Grewal, Amarjeet Singh Dhillon and Amritpal Singh Dhillon at his residence, to enquire about the progress of the execution of sale deed and delivery of possession and also to find out whether Mr. Jagdev Singh Dhillon would come to India for the execution of the Sale Deed. It is stated in the FIR that all the persons kept on giving assurances about the arrival of Mr. Jagdev Singh Dhillon and execution of the Sale Deed and it was further assured that possession would be given to him soon. The complainant states that he was asked to make further payments in the meantime for the sale of the aforesaid property. It is stated that some e-mails exchanged between Mr. Jagdev Singh Dhillon and Mr. Amarjeet Singh Dhillon were shown to him to show Mr. Jagdev Singh Dhillon was in touch in respect of the sale of the property. It is stated that the complainant came across a Public Notice dated 26.11.2019 in NavBharat Times, Delhi Edition, given by an advocate on behalf of Mr. Jagdev Singh Dhillon stating that Mr. Jagdev Singh Dhillon has neither sold the said property to anyone nor has he entered into any Agreement to Sell with anyone in respect of the aforesaid property. The Public Notice also stated that Mr. Jagdev Singh Dhillon has not issued any power of attorney in respect of the said property nor has he authorized any person to sell it. It is stated in the FIR that all the accused including the petitioner are trying to evade the attempts made by the complainant to contact them. On the basis of the said complaint the FIR has been registered for offences under Sections 420/468/471/120B IPC.