MANISH GHAI Vs. STATE

JUDGEMENT

(1.) The present is an application under Section 438 of the Code of Criminal Procedure, 1973 praying for pre-arrest bail in FIR No.438/2015 under Section 420 IPC registered at Police Station- Punjabi Bagh, Delhi.

(2.) The case of the prosecution is that the applicant induced the complainant to purchase property bearing Plot No.146-149 situated at Village- Bakkarwala, Delhi, for an amount of Rs.7,50,000/- on 11.05.2014. The applicant misrepresented that he was the absolute owner of the subject property having purchased the same from one Sh. Sonu on 30.01.2014, who in turn had purchased the same from one Sh. Ravi Anand on 30.01.2014. The allegation against the applicant is that the subject property does not exist. It has been alleged that the subject property was sold to the complainant for an amount of Rs.1 crore whereas the documents pertaining to the sale of the subject property reflect only an amount of Rs.7,50,000/-. The subject property was stated to have comprised 1000 sq. yards.

(3.) Ms Mahajan, learned counsel appearing on behalf of the applicant, relies on a decision of the Hon'ble Supreme Court in Rakesh Baban Borhade v. State of Maharashtra & Anr., 2015 2 SCC 313, to urge that since the dispute between the parties revolves around sale of a property, it is purely a business transaction and the question as to whether the applicant had a dishonest intention to cheat the complainant can only be gone into after the parties have adduced oral and documentary evidence. It is next urged on behalf of Ms Mahajan, learned counsel appearing on behalf of the applicant, that the latter has joined investigation and has been co-operating with the police. Counsel submits that upon receipt of notice from the court the applicant made himself available for questioning to the IO in the subject FIR on 19.09.2015 and 20.09.2015. Ms Mahajan lastly states that the applicant is willing to deposit the agreed consideration of Rs.7,50,000/- with this court within two weeks.