VISHAL BHUTANI Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under sec. 439(2) Cr.P.C. seeking setting aside/ cancellation of order dtd. 17/4/2021 by which respondent no.2 i.e. Manjeet Singh was granted bail in case FIR no. 301/2020 u/s 420/448/406/467/468/471/34/120B IPC registered at P.S. Laxmi Nagar, Delhi.

(2.) Brief facts of the case are that the complainant Sh. Vishal Bhutani had filed a complaint against Manjeet Singh (respondent no. 2 herein), Sunil Daral and Manisha Daral W/o Sunil Daral all R/o F-193, Vijay Chowk, Laxmi Nagar, Delhi for forgery, cheating, trespassing and house breaking and other penal offences at PS Laxmi Nagar, Delhi, wherein complainant had stated that he is the owner of the property bearing No. F-193/551, Vijay Chowk, Laxmi Nagar, Delhi (measuring 350 Sq. Yds.) and he purchased the same from Smt. Shilpi Gupta W/o Ram Mohan Gupta and Sh. Ram Mohan Gupta S/o Late Shri Gian Chand Gupta vide sale deed duly registered vide Regd. No. 3125, Addl. Book No. 1, Volume No. 1049, pages 169 to 178, dtd. 29/6/2017 and Regd. No, 5004, Addl. Book No. 1, Volume No. 879, pages 41 to 50, dtd. 26/6/2017 respectively, (measuring 175 Sq, Yds.). The complainant had constructed four floors along with stilt parking at the aforesaid plot from his own resources then he entered into the agreement to sell and purchase with the alleged Smt. Manisha Daral W/o Sunil Daral R/o F-9, Vijay Chowk, Laxmi Nagar, Delhi with regard to the 3rd floor of the above said property and executed the sale deed in favour of Smt. Manish Daral for the 3rd floor of the aforesaid property vide Reg. no. 1,867, Book No. 1, Vol. No. 1,252, on page 16 to 26, dtd. 28/3/2018, Sub Registrar VIIIA and received a total sum of Rs.1,17,00,000.00. Lateron, he entered into the agreement to sell and purchase with the alleged Smt. Manisha Daral w/o Sunil Daral R/o F-9, Vijay Chowk, Laxmi Nagar, Delhi with regard to the 2nd floor of the above said property and executed the sale deed of 2nd floor in favour of the Smt. Manish Daral vide Reg. No. 4,476, Book No. 1, Vol. No. 1,353, on Page 97 to 107, dtd. 28/7/2018, Sub Registrar VIIIA and received a total sum of Rs.1,30,00,000.00. It was further submitted by the complainant that at the time of selling of aforesaid 2nd and 3rd Floor of the said property, some construction work was yet to be completed but the alleged persons pressurized him to execute the sale deed and further asked they would execute an another agreement in favour of the complainant for the completion of renovation work and agreed to pay a sum of Rs.1,46,00,000.00, in this regard, an indemnity and declaration was executed by the accused Manisha Daral and her husband Sunil Daral in favour of the complainant, wherein it was mentioned that 84 Lacs was already paid to the complainant whereas Six Post Dated Cheques against the payment of remaining 62 Lacs were issued by the accused persons. It is further submitted by the complainant that he had already sold out the upper ground floor to some other person and the 1st floor of the building was vacant and he installed his locks on the first floor.

(3.) He further stated that the completion of renovation work was much before the due date and handed over the possession of 2nd& 3rd Floor to the accused persons but when the said cheques were present in bank on their due date, the same were dishonoured by the bank due to the reason of stop payment and therefore, the complainant had sent a legal notice to the accused persons. It is further alleged by the complainant that on 3/8/2019, he received a notice from the Hon'ble Court of Smt. Suchi Laler, Civil Judge, Karkardooma Courts, Delhi wherein it was stated that an application was filed by the alleged Sunil Daral and Manjeet Singh Daral (respondent no. 2 herein) by which they had claimed that complainant had executed an agreement to sell and purchased with them on 4/9/2017 with regard to the 1st Floor of the above said property against the agreed considerable amount i.e. Rs.1,05,00,000.00 out of which a sum of Rs.94.00 Lacs had already been paid to the complainant whereas remaining 11 Lakhs had to be paid. It is also submitted by the complainant that the amount stated to be paid by accused persons to the complainant was with regard of the renovation work done by him at 2nd and 3rd Floor of the above said property. It is submitted by the complainant that the agreement to sell and purchase submitted by the alleged persons before the Hon'ble Court is forged and the alleged persons illegally entered into the premises of the complainant i.e. 1st Floor, F-193, Vijay Chowk, Laxmi Nagar, Delhi by breaking the lock.