RITESH GOEL Vs. STATE

JUDGEMENT

(1.) By this petition, the petitioner prays as under:

(2.) Brief facts leading to the present petition are that on 6th July 2018 Respondent no.6 had filed a complaint with PS Subhash Place vide DD No.44B wherein he alleged that the petitioner who was in the real estate business induced and allured him and his father to purchase the built up property bearing number 34, Pocket B, Sector-5 Bawana, Delhi measuring 100 sq. meters and assured them that he was the owner of the said property. On his assurance Respondent No.5 and 6 agreed to purchase the property for a total consideration of Rs.60,21,000/-.

(3.) As per the complaint on 18th November 2017 an agreement to sell and purchase was executed between Respondent No.6 and the petitioner pursuant to which he paid a sum of Rs.5,00,000/- to the petitioner as Bayana. The balance amount was to be paid at the time of handing over of the physical possession of the property within 120 days. On repeated requests of the petitioner regarding his urgent need for money, respondent no. 6 paid Rs.7,50,000/- to the petitioner in February 2018 and Rs.2,50,000/- on 5th April 2018. As per the agreement the sale transaction was supposed to be completed by 18th March 2018 but the petitioner failed to execute the said agreement. When Respondent No.6 made some enquiries, he found out that the petitioner was not the owner of the said property.