MADHU SINGH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is the Second Regular Bail Application moved by the Applicant in this Court under Section 439 read with Section 482 of the Code of Criminal Procedure in the case FIR No. 56/2009 dated 15.04.2009, under Sections 406/409/420/201/120-B/174-A IPC, registered at Police Station-Economic Offences Wing, Mandir Marg, New Delhi.

(2.) In the instant petition, the applicant is in judicial custody since 16.07.2014 and the charge sheet has been filed in the learned Trial Court on 03.09.2011.

(3.) The brief facts stated are that the applicant/accused is the Managing Director of M/s. A.J.S. Builders Pvt. Ltd. (hereinafter referred to as 'accused company'). The accused company gave an advertisement on 18.03.2006 in the newspaper 'The Hindustan Times' to induce the general public for investment in their Housing Project at Gannaur, Sonepat, Haryana in the name and style of "AJS City". The complainant invested money for booking villa in the said project on the assurance of the applicant/accused and other co-accused persons that the accused company owned 300 acres of land for the said project and that the allotment of the villa would be made within two years from the date of payment. The complainant paid a sum of Rs. 1,59,000/- (Rupees One Lakh and Fifty Nine Thousand Only) in the month of October, 2006 for booking a villa and a sum of Rs. 2,05,200/- (Rupees Two Lakh Five Thousand and Two Hundred Only) in the month of January, 2007 for booking a plot. Subsequently, the complainant came to know that no land was owned by the said company rather it belonged to the farmers. The Sub-Registrar Office informed the complainant that the accused company did not own any land for the said project. In pursuance of the complaint made by the complainant-Ms. Suman Gupta, an FIR bearing No. 56/2009 dated 15.04.2009 under Sections 406/420/120-B IPC was registered. Apart from the present FIR, there are 17 other FIRs filed by different complainants qua the other projects of the accused company against the applicant/accused herein and the accused company i.e. M/s. A.J.S. Builders Pvt. Ltd.