AMARDEEP SHARMA Vs. STATE

JUDGEMENT

(1.) By this petition filed under Sec. 438 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.), the petitioner is seeking bail in FIR No. 2028/2015 under Sec. 420 of Indian Penal Code, at Police Station Rajouri Garden, New Delhi.

(2.) It is alleged in the FIR that the accused entered into an agreement with the complainant for sale of property No. B-8, Mohan Garden, Uttam Nagar, Delhi and against which a sum of Rs. 13 lacs was taken as an earnest money but subsequently the property was not transferred to the complainant. It has been further alleged that the complainant found that the property does not belong to the petitioner. Therefore the case of cheating was registered against the petitioner.

(3.) Learned counsel for the petitioner submitted that he took a sum of Rs.10 lacs from the complainant and not Rs.13 lacs and subsequently, he offered the other property as the property was not with the petitioner. It is further contended on behalf of the petitioner that the recovery of the money could not be a ground for rejection of the bail. In support of his contention, he relied upon the judgment of the Supreme Court in M.R. Narayanan Vs. State, 2003 (66) DRJ 48 (DB).