DHARAMVIR SINGH Vs. STATE

JUDGEMENT

(1.) BY way of the present petition filed under Section 439(2) read with Section 482 of Code of Criminal Procedure, 1973 (hereinafter after referred to as "Cr.P.C.") the petitioner has assailed the order dated 20.06.2014 passed by learned Additional Sessions Judge, Saket Courts, Delhi whereby respondent Nos.2 and 3 have been granted anticipatory bail in case FIR No.92/2014 under Sections 420/34 IPC registered at P.S. Defence Colony, New Delhi.

(2.) THE contextual matrix of the case as set out in the petition is that the petitioner registered a complaint against respondent Nos.2 and 3 on account of the fact that both these respondents conspired against the petitioner and in furtherance to that conspiracy, they subjected him to cheating, criminal breach of trust, and also usurped and misappropriated his money. Respondent Nos.2 and 3 allured the petitioner to buy a property bearing No.C -93, Defence Colony, New Delhi 110024 for which he paid Rs.1,50,00,000 / - (Rupees one crore fifty lakhs). This alleged conspiracy commenced during March/April 2013, when the accused i.e. respondent Nos.2 and 3 approached the petitioner with an intent to sell the aforementioned property comprising of entire basement floor and entire ground floor with one servant quarter with servant's W.C. and with two car parking space, with structure standing therein, fitting and fixtures installed therein, of the freehold property, measuring 401 sq. yards along with proportionate undivided, indivisible and impartible share of ownership rights in the land underneath and he will confer legal, perfect and marketable title coupled with delivery of vacant peaceful physical possession upon the petitioner. The title documents of the said property shown to the petitioner were in the name of Jagmohan Bahl i.e. respondent No.2. On the basis of negotiations the petitioner and respondent No.2 entered into an oral agreement on the basis of which the accused agreed to sell the above mentioned property for Rs.6,00,00,000 / - (Rupees six crores) with a part sale consideration to be paid at the time of entering into such an oral agreement. Thereafter, on 30.04.2013 an agreement to sell was duly executed between the petitioner and respondent No.2 upon agreed terms and conditions. On the basis of this agreement the petitioner paid a sum of Rs.1,50,00,000 / - (Rupees one crore and fifty lakhs) as advance money to the accused. Out of the stated amount Rs.1,28,00,000 / - (Rupees one crore and twenty eight lakhs) were paid in cash and Rs.22,00,000 / - (Rupees twenty two lakhs) were paid by way of RTGS vide U.T.R. No. CB1NH1230030281, Central Bank of India, South Extension Branch, New Delhi. The remaining Rs.4,50,00,000 / - (Rupees four crore fifty lakhs) was to be paid to the accused at the time of registration of the sale deed, in the favour of either the petitioner or his nominee in the Sub -Registrar's Office, New Delhi, on or before 26.10.2013. However, after receiving the part payment, the accused started delaying the execution of the sale deed and failed to execute the same even on the last date of execution. On enquiry the petitioner came to know about the agreement to sell of the same property executed by the accused with some third person.

(3.) THEREAFTER , the petitioner filed a complaint dated 07.01.2014. Another complaint dated 14.03.2014 was filed by the petitioner in order to establish the fact that respondent No.2 had already transferred the ownership of the subject property to petitioner's wife vide gift deed dated 20.06.2011. Subsequent to this an FIR bearing No. 92/2014 was registered on 04.04.2014 at P.S. Defence Colony, New Delhi.