ASHA MADAN Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail in case FIR No. 255/2019 under Sec. 420 IPC registered at Police Station PaschimVihar West, Delhi.

(2.) Briefly stated the facts of the case are that the complainant came in contact with Rakesh Madan@ Rakesh Arora (husband of petitioner herein) who is engaged in the property dealing business. It is further alleged that in January 2018 one Rajan Sharma and his brother Anmol Sharma approached the complainant and expressed their desire to purchase a flat in Punjabi Bagh Apartments, so the complainant introduced them with the husband of the petitioner and showed them flat no. 127, Punjabi Bagh Apartments and told that the owner of the said flat is Mr. Moti Lal Dass who has authorized the husband of the petitioner, namely, Rakesh Madan@ Rakesh Arora to sell the same. Further, after seeing the flat, Rajan Sharma and Anmol Sharma agreed to purchase the same and the deal was finalized for a sum of Rs.1.10 crores out of which Rs.10,00,000.00 were paid to the husband of the petitioner as earnest money (bayana). Later on, Rajan Sharma and Anmol Sharma expressed their desire to purchase one more flat then the husband of the petitioner showed them flat No. 162 in Punjabi Bagh Apartments. Subsequently, Rajan and Anmol Sharma told the husband of the petitioner that they are not willing to purchase the flat No. 127 Punjabi Bagh Apartments (for which the deal was finalized for Rs.1.10 crores) and asked the husband of the petitioner to refund the earnest money of Rs.10,00,000.00but the husband of the petitioner refused for the same.

(3.) It is further alleged that as the complainant had introduced Rajan and Anmol Sharma with the husband of the petitioner so they asked the complainant to further ask the husband of the petitioner to refund the earnest money of Rs.10,00,000.00. It is also alleged that as the complainant was under tremendous pressure to refund Rs.10,00,000.00 to Rajan and Anmol Sharma, he discussed the matter with his brother and his brother agreed to purchase the flat No. 127 Punjabi Bagh Apartments. Further alleged that on 19/6/2018 an Agreement to Sale/Purchase was executed between Neha (sister-in-law of complainant) and the husband of the petitioner. The documents of the flat which were in the name of Moti Lal Dass and the Power of Attorney executed by said Moti Lal Dass in favour of the husband of the petitioner were shown to the purchaser. It is further alleged that between 19/6/2018-26/9/2018, a sum of Rs.50,00,000.00 was paid to the husband of the petitioner and it was agreed that the sale deed will be executed by Moti Lal Dass in favour Neha in November 2018. Prior to the date of execution of the sale deed, the complainant went to the office of the husband of the petitioner and then to his house to finalize the modalities but the same was found locked and even mobile phones were also switched off. Upon enquiry, he came to know that petitioner and her husband have fled away with money. Thereafter, on 8/6/2019, FIR No. 255/2019 under Sec. 420 IPC was registered at Police Station Paschim Vihar West, Delhi and the investigation was taken up.