MANJU SINGH Vs. STATE

JUDGEMENT

(1.) This is an application filed under Section 438 Cr.P.C. on behalf of the petitioners for grant of anticipatory bail in case FIR No. 339/2019 dated 21.07.2019 under Sections 420/468/471/34 IPC, registered at Police Station Kalyanpuri, East District, Delhi.

(2.) In brief, the facts of the case are that the complainant alleged that on 04.03.2019 one person namely Jamuna Prasad (petitioner No. 2 herein) alongwith Manju Singh (petitioner No. 1 herein) whom Jamuna Prasad introduced as his wife came to the complainant for taking first floor of his property bearing No. J-21/41, East Vinod Nagar, Kalyanpuri, Delhi on rent. They agreed to pay Rs. 16,000/- per month as rent. On 06.03.2019, Manju Singh (petitioner No. 1 herein) only paid a sum of Rs. 2100/- in cash as booking amount to the complainant with the assurance that she would pay the balance amount in a week's time and started living in the property. It is further alleged that the petitioner No. 1 never paid the agreed amount of rent nor came forward to execute the rent agreement and for their police verification despite several requests by the complainant. However, they started claiming to have paid a sum of Rs. 10,00,000/- to the complainant towards the purchase of the property in question. It is further alleged that Manju Singh (petitioner No. 1 herein) filed a false civil suit in the Karkardooma Court stating therein that she had paid a sum of Rs. 10,00,000/- as part sales consideration amount for the property. The complainant lodged complaints dated 11.05.2019, 22.06.2019 and 28.06.2019 with the local police who did not register the FIR. Thereafter on the orders passed by the Ld. Metropolitan Magistrate on the application U/s 156(3) Cr.P.C moved by the complainant, the present FIR U/s 420/468/471/34 IPC was registered.

(3.) It is argued by the Ld. counsel for the petitioners that the allegations against the petitioners are baseless and they have been falsely implicated in the present case. He further argued that petitioner No. 1 Manju Singh is living in property No. J-21, First Floor, East Vinod Nagar as she had purchased the said property for a consideration of Rs. 39,80,000/- and had paid Rs. 10,00,000/- as earnest money in the presence of two witnesses. He further urged that the physical possession of the property was handed over on 01.08.2018. He further argued that the deal could not be materialized as the complainant failed to hand over the documents of the property, so petitioner No. 1 failed to avail the loan for the balance payment.