AMIT KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The petitioner seeks anticipatory bail under Sec. 438 Crimial P.C. in case FIR No.510/2014 registered under Sec. 420/34 Penal Code at PS Mianwali Nagar. Status report is on record.

(2.) I have heard the learned counsel for the parties including the counsel for the complainant and have examined the file.

(3.) The present FIR was lodged under Sec. 156(3) Crimial P.C. In the complaint, the complainant O.P. Gupta claimed to have purchased the plot bearing No.RZE-142-C measuring 150 sq.yd. out of Khasra No.84/18 situated at village Nangloi Jatt, Delhi for a valuable consideration of Rs. 2 lacs. The petitioner, a property dealer, had represented that Kaushalya Devi was absolute owner of the said plot. Believing the representation of the petitioner, the said plot was purchased and various documents regarding transfer of the property were executed on 31.08.2012. An Account Payee cheque in the sum of Rs. 2 lacs towards part payment of the Sale agreement was issued in the name of Kaushalya Devi. It was further alleged that on 11.09.2012, the petitioner brought Kaushalya Devi and she executed various documents. Since the complainant No.1 did not have sufficient funds, complainant No.2 invested her money and the plot was transferred in her name. It was further averred that since complainant No.2 was in need of money, she sold the plot to Manish Juneja and Jayant Sehgal on 27.12.2012. In Feb., 2014 they (Manish Juneja and Jayant Sehgal) informed that real owners of the property were Harish Makol and Vikas Makol and they had forcibly occupied the plot.