NAR SINGH SHAH Vs. STATE

JUDGEMENT

(1.) By this petition filed under Sec. 438 of Cr.P.C. the petitioner seeks anticipatory bail in FIR No. 739/2014 under Sec. 406/420 of IPC at Police Station Jaitpur, Delhi.

(2.) Complainant - Narender Kumar Magu filed an application under Sec. 156(3) before the learned Metropolitan Magistrate for registration of FIR in respect of the fraud being committed upon him. The petitioner was working as an employee as a storekeeper in a factory of complainant's friend and he induced the complainant for purchasing an agricultural land belonging to Ranjha Singh, Mangat Singh and Sumender having Khasra No. 248 min(1 -1) and 255 min (0 -19) situated at Village Jaitpur, Tehsil Kalkaji, New Delhi. The complainant alleged that the petitioner had taken 3 cheques of Rs.17 lacs each in the names of sellers/owners and ultimately got the sale deed executed in his favour.

(3.) Mr. Ashwin Vaish, counsel for the petitioner contended that the petitioner intended to purchase the aforesaid land for which he approached his friend Sudesh Sad for friendly loan in the sum of Rs.51 lacs. It was Sudesh who obtained three cheques of Rs.17 lacs each from the complainant and handed them over to him. The said Sudesh Sad neither told the complainant that he intends to forward the cheques to the petitioner nor he disclosed that the petitioner has taken loan from the complainant. Thereafter, the petitioner got the sale deed executed in his favour.