AJAY MAINI Vs. STATE ( NCT OF DELHI)

JUDGEMENT

(1.) By this petition, the petitioner seeks anticipatory bail in case FIR No.111/2017 under Sections 420/406 IPC registered at PS Model Town, New Delhi on the complaint of Sushil Kumar Goel.

(2.) Sushil Kumar Goel in his complaint stated that he was running a finance company in the name of M/s.DPA Finance Private Limited having its registered office at D-13A/30, Model Town-II, Delhi. In the year 2014 petitioner came into his contact and developed friendly relations. Petitioner represented himself to be in the business of construction and real estate and induced him for his financial assistance of personal loan @ 6% interest per annum. Thus, Sushil Kumar Goel gave a sum of Rs. 7.8 crores to petitioner from his and his wife's account. In the end of April, 2015, petitioner again approached for more money when complainant requested him to return the money. In July, 2015, petitioner returned Rs. 2 crores to show his bonafides. The petitioner also induced the complainant by showing his willingness to execute necessary loan documents for the loan purpose. The complainant thus agreed to execute fresh loan transaction for an amount of Rs. 5.58 crores at an interest rate of 12% per annum. Thus, a loan vide loan application dated 3rd August, 2015 was applied by the petitioner and a cheque bearing No.10009947 for a principal amount of Rs. 5.58 crore was issued in favour of M/s.DPA Finance Private Limited by the petitioner which was later dishonoured. On 11th August, 2015 by way of RTGS the complainant Company deposited Rs. 5.58 crores in petitioner's Union Bank, Model Town-II account which he used for the repayment of Sushil Kumar Goel and his wife's loan.

(3.) On the assurance of the petitioner, complainant further gave a sum of Rs. 65.90 lakh through cheques which were credited into the account of the petitioner at State Bank of Bikaner & Jaipur, Faridabad branch. It is thus alleged that the petitioner cheated the complainant for a sum of Rs. 5.58 crores and Rs. 65.90 lakh totaling to Rs. 6.24 crores approximately.