VIRENDER DHAKA Vs. STATE

JUDGEMENT

(1.) The instant application under Sec. 438 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of applicant seeking grant of anticipatory bail in case FIR bearing no. 147/2023, registered at Police Station Fatehpur Beri, Delhi for the offences punishable under Ss. 420/406 of the Indian Penal Code, 1860 ('IPC").

(2.) Briefly stated, the facts of the present case are that the complainant Jagbir Singh Pundir had lodged a complaint, thereby stating that the complainant and accused had entered into an agreement dtd. 13/12/2016 whereby the accused had agreed to sell the property situated at A2/56, First Floor, Aya Nagar Phase 5, New Delhi, an area measuring 45 sq. Yards, for a total sale consideration of Rs.12,50,000.00. The complainant had made advance payment of Rs.7,30,000.00 to the accused which was acknowledged by the accused, and the reaming payment of Rs.5,20,000.00 was to be made after completion of the first floor. However, as alleged, the accused had shown his inability to give possession and had asked for payment of the balance payment of Rs.5,20,000.00, and accordingly, the complainant had made the full and final payment on 13/12/2016. It is alleged that the accused had also promised the complainant that he could take possession of the ground floor until the construction of first floor was completed, and he had also shown him an under construction flat in Aya Nagar. However, the accused had not handed over the possession of the flat for last 8 years, till date. It is stated that the complainant had made full and final payment at different intervals as mentioned in the agreement to sell but the accused had not even started the construction of the property. Therefore, it is alleged that the accused had induced the complainant to purchase the said property by receiving the entire payment of the plot thereby causing wrongful gain to himself and wrongful loss to the complainant. The accused had also extended threats to the complainant for implicating him in false and frivolous cases. On these allegations, the present FIR was registered, pursuant to order dtd. 29/3/2023 passed under Sec. 156(3) of Cr.P.C.

(3.) Learned counsel for the accused/applicant argues that the applicant has been falsely implicated in the present case, and there is unexplained delay of about six years in lodging of the complaint. It is argued that the complainant has resorted to criminal proceedings only to abuse the process of law and extort money from the applicant, and the complainant could have approached the civil court. It is further contended that ingredients of offence under Sec. 406/420 are not made out in the present case. It is also stated that no custodial interrogation is required in this case since all the documents and details are already with the police and no recovery is to be made from the present applicant. Thus, it is prayed that applicant be granted anticipatory bail.