RAJESH CHAUDHARY Vs. STATE

JUDGEMENT

(1.) The petitioner has preferred the present petition under Section 438 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. P.C.), seeking anticipatory bail in case registered as 448/2014 under Sections 467/468/120-B/471/420 of IPC, Police Station Vasant Kunj North, New Delhi.

(2.) A perusal of the record of this case reveals that there is a property dispute between the complainant-Arun Kumar and the petitioner and both the parties have filed various litigations against each other. Apart from the present case, another case being FIR No. 225/2013 is pending which was lodged by the same complainant and in which the petitioner has been granted anticipatory bail and trial is going on. Transactions in respect of sale of property have been disputed, veracity of documents are alleged, initiation of case under Section 138 of Negotiable Instruments Act, 1881 ('N.I.Act') and dismissal thereof is also alleged.

(3.) Firstly, the deal for sale of property No.4402, Sector-B, pocket- 5&6, Vasant Kunj, New Delhi was conducted, documents of which were verified by the ICICI Bank which were found to be genuine. Loan was sanctioned by the bank and it released a sum of Rs.47 lac in favour of Mr.S.P. Saini by way of pay order. Thereafter on 03.12.2008 DDA locked the said flat without giving any notice or intimation. Petitioner filed writ petition vide no. 8814/2008 on 08.12.2008 in High Court of Delhi, in which this Court directed the DDA to make proper inquiry but till date since the year 2009, neither DDA nor the Sub registrar made any inquiry and ultimately the petitioner surrendered the possession of the Flat to DDA.