DEEPAK NANDA Vs. STATE OF DELHI

JUDGEMENT

(1.) Vide this order, I shall dispose of an anticipatory bail application filed on behalf of the petitioner Deepak Nanda @ Vicky Nanda under section 438 Cr.P.C. r/w. section 482 CrPC in FIR No. 0357/19 u/s. 406/420/120-B IPC.

(2.) Ld. Counsel for the petitioner has prayed for anticipatory bail on the ground that petitioner is innocent and has been falsely implicated in the present FIR. The petitioner is doing the business of fruits at New Subzi Mandi, Azadpur, Delhi. One Mohan Lal, who was the original allottee of the shop bearing no. B-972, New Subzi Mandi, Azadpur, Delhi, had executed a Conveyance Deed dated 05.10.2011, in favour of one Leela Kishan and Krishan Lal. On the basis of said Conveyance Deed Leela Kishan and Krishan Lal became the co-owners and co-sharer in respect of the said shop. It is submitted that Krishan Lal had transferred his half share in respect of the said shop in favour of the petitioner. In this regard Krishan Lal had also executed a registered Sale-deed dated 02.05.2019 in favour of the petitioner. It is further submitted that the said Leela Krishan was having friendly relations with the petitioner and he had taken a friendly loan of Rs. 25,00,000/- (Rs. Twenty-five lacs) from the petitioner for his legal necessities. The said Leela Krishan has executed an agreement dated 28.05.2019 in which he has admitted the fact of having received Rs. 25,00,000/- from the petitioner. Leela Krishan has also acknowledged the fact that he is having half share in respect of the said shop. He has further acknowledged the fact that he has handed over the physical and vacant possession of half share in respect of the said share to the petitioner. It is also admitted by Sh. Leela Krishan that in case he is unable to refund the amount of Rs.25,00,000/- to the petitioner within a period of three months i.e. upto 27.08.2019, then he (Leela Krishan) after accepting a further sum of Rs. 16,00,000/- from the petitioner, shall execute a sale-deed in his favour. It is further submitted that Leela Krishan at the time of execution of agreement dated 28.05.2019 had also handed over three filled up cheques without date to the petitioner.

(3.) Ld. Counsel for the petitioner has submitted that complainant Virender Tuteja and Ashish @ Ashu are the property dealers of New Subzi Mandi, Azadpur, Delhi. They have connections with police officials and politicians and deals in the transactions in respect of the disputed properties. The complainant and one Ashish @ Ashu came to know that Krishan Lal and Leela Kishan have some financial dispute and differences relating to the business and regarding the said shop. Complainant and Ashish @ Ashu in collusion with each other and with the help of one Tilu Tajpur and his Gang are giving threats to the petitioner. Lot of pressure was put on the petitioner to vacate the shop with the help of some wrestlers.