KASHISH JAIN Vs. STATE

JUDGEMENT

(1.) Vide this order I shall dispose of the bail application filed by the petitioner Kashish Jain under section 439 Cr.P.C. for grant of regular bail in FIR no. 341/2018, PS Model Town u/s. 420/467/468/471/34 IPC.

(2.) Brief facts necessary for disposal of the bail application are that complainant Sanjay Garg had given first floor of his property bearing no. Z-10, Model Town on rent to co-accused Naresh Jain and Simi Jain who are parents of applicant vide rent agreement dated 24.01.2013. Thereafter both parties developed intimacy and the Jain family decided to buy the said floor for which deal was finalized for Rs. 2.75 Crores. As per the agreement, co-accused Naresh Jain was to pay first instalment of Rs. 90 lacs to the complainant on or before 30.5.2015 and rest of the amount was to be paid in 12 months from the date of execution of the sale-deed. As per agreement, the said floor was sold to co-accused Naresh Jain vide sale deed dated 30.05.2015. However, at that time accused persons requested for some more time for remaining payment and accused persons handed over two cheques bearing nos. 473396 & 473397 of Rs. 10,00,000/- each drawn at ICICI Bank, Shalimar Bagh dated 24.11.2015 and 27.04.2015 issued by the co-accused Simi Jain qua the outstanding amount. Remaining amount of Rs.63,89,000/- was to be paid by co-accused Naresh Jain.

(3.) The complainant had thereafter approached co-accused Naresh Jain for the said remaining amount. It is, however, the case of the applicant that Naresh Jain sold the said floor to Sh. Manoj Sharma and Sh. Daya Rani in March, 2018. Thereafter, co-accused Simi Jain sent a notice to complainant claiming to be the owner of second floor of Z-10, Model Town, vide sale deed dated 30.03.2015. After going through the certified copy of the sale deed, complainant came to know that same did not pertain to him and he replied the legal notice accordingly. However, he received summons on 10.07.2018 from the Court of Ms. Vandana, Ld. CSJ/RC (North) in case titled as 'Simi Jain v. Sanjay Garg and Others', which is the suit for possession and recovery of rent in respect of 2nd floor of Z-10, Model Town. From the details of sale deed, the complainant came to know that second floor of the property was registered in favour of Simi Jain on the basis of forged documents and same was not bearing his photograph and signatures. He came to know in July, 2018 that the accused persons had mortgaged the suit property to Cholamandalam Finance after submitting the forged sale deed dated 31.03.2015 as collateral security and did not pay the loan deliberately and hence, receiver was appointed to take possession of the property on 25.07.2018 and thereafter the property was seized by Cholamandalam Investment and Financial Company Limited ('Cholamandalam Ltd.' in short).