SANJEEV DUTTA Vs. STATE

JUDGEMENT

(1.) BY this application under Section 438 of Code of Criminal Procedure, 1973 (hereinafter after referred to as ,,Cr.P.C.) the petitioner is seeking anticipatory bail in case FIR No.126/2013 under Sections 406/420/467/468/471/34/120B IPC registered at P.S. Connaught Place, New Delhi.

(2.) STATUS report filed on behalf of State is on record.

(3.) THE contextual matrix of the case as borne out from the FIR are that the complainant, Mr. Yogesh Malik lodged a complaint that he along with his wife Ms. Ritu Malik came in touch with Mr. Varun Dutta, Mr. Sanjeev Dutta (petitioner) and Ms. Jyoti Dutta through a property dealer in respect of farm house located at Dera Mandi, Tehsil Hauz Khas, New Delhi. Mr. Varun Dutta, co -accused claimed that he had the agreement to purchase dated 20.12.2011 with Mandi Valley Infra Pvt. Ltd. for the land measuring 12 bighas, 12 biswas bearing Mushtill No.26, Khasra No. 5(4 -12), 6 (4 -16), 15/1 (3 -4) situated in the revenue estate of village Dera Mandi. He persuaded the complainant to enter into an agreement for purchase of the said land. Accordingly, the Memorandum of Understanding dated 06.03.2012 was executed which was duly signed by Mr. Varun Dutta and the complainant paid a sum of Rs.20,00,000/ - (Rupees Twenty lakhs) by cheque and Rs.5,00,000/ - (Rupees Five lakhs) was paid in cash as token money for purchasing the said land. Mr. Varun Dutta assured that the said land was measuring 2.5 acres and he will satisfy the complainant regarding the measurement of the said land. However, he delayed and tried to avoid the measurements of the land even after these repetitive assurances. The complainant got the said land measured on his own and found that it was only 1.3 acres.