SANJEEV DESAI Vs. STATE OF DELHI

JUDGEMENT

(1.) The applicant seeks anticipatory bail. He is named as accused in two separate FIR's. The present report is registered at P.S. Vasant Vihar. The accusations against him are that he committed offences under Section 409/420 IPC. The complainant in FIR (No. 349/2005) in Bail Application No. 836/2006 is Shri Gajendra Singh. The complaint was made on 12.9.2005. It was alleged by the informant that the applicant, claiming to be a consultant agreed to have the constructions completed upon a plot in DLF. The complainant alleged that an amount of Rs.2.5 lakhs was paid to the applicant and as per his advice Ganesh Construction was hired. The house was to be built plan under instructions of the applicant and running payment were be made by M/s Surya Kiran Build Trade Pvt. Ltd. Thereafter, payments were made to the applicant through cheques and cash by M/s Surya Kiran Build Trade Pvt. Ltd. for making payments to Ganeshji Construction. Payment of Rs.2 lakhs, Rs.30.45 lakhs, Rs.20 lakhs, Rs.15 lakhs were made.

(2.) The complainant further alleged that besides that he made payments in the sum of Rs.5 lakhs in the presence of Sh. Vimal Pratap Singh Agarwal, Rs.10 lakhs in the presence of Capt. K.S. Solanki, Rs.15 lakhs in presence of Vimal Pratap Singh, Rs.10 lakhs in presence of Shri Raj Kumar, Proprietor Ganeshji Construction. All these payments were made in the year 2003. Despite these, the applicant had stopped visiting the construction site; he was not even available at his office. Ganeshji Constructions stopped working on the project on the pretext that a large amount was due to them. The construction was delayed due to non-payment. This resulted in M/s Surya Kiran Build Trade Pvt. Ltd asking the applicant to return the money to the company. The applicant neither returned money to the company nor the complainant.

(3.) The complainant alleged that upon enquiry it was found that the applicant was neither an architect nor worked for any company. M/s S.K.B. Trade Pvt. Ltd. hired the services of another construction company in order to complete the project.