SATVINDER SINGH Vs. JASVINDER KAUR

JUDGEMENT

(1.) The present application has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1908 for the grant of ad-interim bail in FIR No.35/2014, Police Station-Barakhamba Road, under Sections 406 & 420 of the Indian Penal Code, 1806.

(2.) The allegations levelled against the accused are that he received a huge amount from the innocent public persons on the pretext of developing and providing flats to them. It is further alleged that the petitioner had no land or scheme in his name and had taken money from the innocent persons fraudulently. When those persons demanded their money back, the petitioner did not refund the same.

(3.) The argument advanced by the counsel for the petitioner is that the present dispute is civil in nature. The petitioner was an underwriter of the project in Sector 95, Gurgaon and had to develop the project after buying it from one Pal Infrastructure. He had made the payment of Rs.6 crores for acquiring licenses to Pal Infrastructure which is still in the process of acquiring the licenses. The petitioner has already made the payment of Rs.5 lakh to the complainant as one of the instalments. The petitioner is in custody since 12.01.2015. No offence is made out against the petitioner in the charge sheet filed.