YASH PAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Petitioner seeks anticipatory bail in FIR No. 262/2017 under Section 420/120B Police Station Ghazipur, East Delhi.

(2.) Allegations are that the petitioner had entered into a collaboration agreement with a third party and thereafter had sought to transfer two flats, one of which was to be transferred to the complainant for a total consideration of Rs.32 lakhs. It is alleged that a sum of Rs.28 lakhs has been paid. The petitioner is alleged to have failed to execute the documents of transfer or title or to deliver physical possession and complainant thereafter filed a suit for specific performance wherein it is alleged that the collaboration agreement has been cancelled.

(3.) Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated. She submits that there was never any agreement to sell in favour of the complainant nor did the petitioner receive any money from the complainant and no document evidencing transfer of consideration has been produced. Learned counsel submits that money was received from the father of the complainant who was financer in the collaboration agreement and he along with other financers had paid a total sum of Rs.3 lakhs and failed to pay the balance amount which they had promised to finance.