RAM KALI SHARMA Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The present anticipatory bail application has been moved on behalf of the petitioner in case FIR No. 0006/2023 under Ss. 406/420/120B IPC registered at PS Model Town.

(2.) The facts in brief are that the complainant entered in a collaboration agreement which was executed between the present petitioner and builder namely Sunil Kumar Gupta on 20/9/2018. The present petitioner is the owner of the suit property and as per the agreement builder Sunil Kumar Gupta was to build a four storey building along with a stilt parking. It has been alleged that the petitioner and the builder assured and agreed to register the sale deed of the upper ground floor in the said property in favour of the complainant. It has been alleged that the complainant paid a sum of Rs.51.00 Lacs (Rupees Fifty One Lacs Only). The Agreement to sale was executed on 16/4/2019 between Sunil Kumar Gutpa and Umesh Kumar. As per the said agreement to sale, the complainant had agreed to purchase upper ground floor admeasuring 78 Sq.Yds. for a total consideration of Rs.62,25,000.00(Rupees Sixty Two Lacs Twenty Five Thousand Only). The agreement to sale indicates that an advance of Rs.7,50,000.00 (Rupees Seven Lacs Fifty Thousand Only) was paid and the remaining amount of Rs.54,75,000.00(Rupees Fifty Four Lacs Seventy Five Thousand Only) was to be paid in the following manner:

(3.) The complainant alleged that he has already paid a sum of Rs.51,00,000.00 (Rupees Fifty One lacs only) which includes the payment of Rs.31,00,000.00 (Rupees Thirty one lacs only) in cash.