YOGESH MALIK Vs. STATE

JUDGEMENT

(1.) BY filing present petition under Section 482 read with Section 439(2) of Code of Criminal Procedure, 1973 (hereinafter after referred to as 'Cr.P.C.') the petitioner has assailed the order dated 20.02.2014 passed by learned Additional Sessions Judge, Patiala House Courts, New Delhi in case FIR No. 126/2013 under Sections 120B/406/420/467/468/471 IPC registered at P.S. Connaught Place, New Delhi whereby respondent No. 2 was granted anticipatory bail.

(2.) THE contextual matrix of the case as borne out from the FIR are that the complainant, Mr. Yogesh Malik lodged 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 their own and found that it was only 1.3 acres.

(3.) THE complainant has also alleged that the accused persons persuaded them to visit the farm house. On the said visit, Mr. Varun Dutta and Smt. Sunita Gupta who is owner of Plaza Farm House were present and Smt. Sunita Gupta confirmed that she had sold the said Farm House to Mr. Varun Dutta. During the month of April, 2012, when the complainant wanted to see the original documents of Plaza Farm House, Mr. Varun arranged a meeting at coffee shop in Shangrila Hotel, Delhi. The meeting was attended by Smt. Sunita Gupta as well as her husband and they were carrying the original documents of said Farm House. Mr. Varun Dutta handed over the copy of agreement of purchase, which was executed by Smt. Sunita Gupta. On the basis of various meetings with Sunita Gupta and Varun Dutta the complainant and his wife decided to sign the MOU dated 27.05.2012 and paid an amount of Rs. 1 crore by cheque besides the other payments duly made by them. Thereafter, on insistence on behalf of the accused and his family, the complainant ultimately made a further payment of Rs. 1 crore through cheque No. 116859 issued in the name of Smt. Sunita Gupta after taking necessary precaution of noting on the back of the cheque which read as "Part Payment towards sale of property known as Plaza Farm (Gadaipur) in the name of Mrs. Sunita Gupta wife of Shree Sunil Gupta". However, after execution of this cheque dated 17.10.2012, drawn on Axis Bank, the accused started delaying meetings for the final payment. On being suspicious, the complainant made the necessary enquiries with Mrs. Sunita Gupta who told them that she never entered into an agreement with the any of the accused and that she has never signed and executed the agreement dated 24.01.2012. They further got to know that cheque No. 116859, of Rs. 1 crore, dated 17.10.2012, drawn on Axis Bank, got encashed through Oriental bank of Commerce Branch, Rajouri/Kirti Nagar, New Delhi. On further enquiries it was revealed that a fake account in the name of Smt. Sunita Gupta was opened in OBC on 19.10.2012 vide account no. 00222191006795 and the money was withdrawn from the said account for settlement of disputes of Varun Dutta. For this Plaza Farm house and all other claims of the accused and his family including payments towards Dera Mandi property, payments towards the flat of one Aaron Sidhu and the payments for being appointed as a director of a newly incorporated company. In totality the complainant had made a total payment of Rs. 5.35 crores i.e. Rs. 4.10 crores by way of various cheques dated 07.03.2012, 13.4.2012, 10.5.2012, 29.5.2012, 29.5.2012, 27.6.2012, 1.8.2012, 4.8.2012, 6.8.2012, 8.10.2012, 18.10.2012 and 31.1.2013 and Rs. 1.25 crores by way of cash on different dates i.e. Rs. 5 lakh on 7.3.2012, Rs. 25 lakh on 13.4.2012, Rs. 75 lakh on 27.6.2012, Rs. 10 lakh on 08.10.2012 and Rs. 10 lakh on 31.1.2013.