K C CHIBBER Vs. STATE

JUDGEMENT

(1.) By way of this application the petitioner prays forrelease on bail in anticipation of his arrest for the offences under Sections420, 468, 471. 423 read with Section 34 Indian Penal Code in F.I. R. No. 474/90, PoliceStation Hari Nagar, New Delhi.

(2.) According to the prosecution this petitioner entered into anAgreement to Sell the property in question in favour of K..L. Chhabra. Asum of Rs. 60,000 was paid to the petitioner on different dates i.e.Rs. 20,000 on 17.4.90, Rs. 30,000 on 20.4.90 and Rs. 10.000 on 19.6.90.

(3.) The execution of the sale deed could not take place. A settlement was arrived at between Mr. K.C. Chibber, the petitioner with Mr. K.L.Chhabra. On 2.11.90, the petitioner issued a cheque for Rs. 70,000 whichwas post dated for 5.12.90 drawn on the State Bank of India, Jaipur forrefund of the earnest money of Rs. 60,000 plus the penalty of Rs. 10,000 to Mr. K.L. Chhabra by way of settlement with the assurance that the chequewould be encashed positively. That cheque was not encashed as there wereno funds available in the bank account of the petitioner and rather the payment of the cheque was stopped by the present petitioner.