(1.) Bail APPLN. 2100/2018
(2.) The allegations against the petitioner in the aforesaid complaint were that the petitioner and his wife represented that they wanted to sell their property ad-measuring 26 karnals 7 marlas situated in village Mubarikpur, Farukhnagar, Gurgaon, Haryana of which property, M/s.Nishi Tradex Pvt. Ltd. was the owner. Accused Swadesh Mishra, brother of the petitioner handed over the due diligence report dated 24th Nov., 2014 through their advocate in respect of the property claiming that the property was free from all encumbrances and persuaded the complainant to purchase the said property for a total sale consideration of Rs. 1 Crore. An agreement to sell in this regard was executed on 24th Dec., 2014. Since for one complete year, nothing proceeded further, the petitioner returned a sum of Rs. 40 lakhs to the complainant by way of RTGS on 28th Jan., 2016. On 29th Jan., 2016, petitioner and his wife Nivedita Mishra represented that they were in dire need of money and desperately wanted to sell the said property. Thus, again an agreement to sell was entered into between the parties on 29th January, 2016 for a sale consideration of Rs. 1 Crore and original title deeds of the property in question were deposited with the complainant. An initial payment of Rs. 40 lakhs was made by the complainant through RTGS on 29th Jan., 2016 itself and later, further sum of Rs. 40 lakhs was given on 15th April, 2016 by way of a cheque. Despite having received Rs. 80 lakhs, sale deed was not executed and the sale was avoided. On a physical visit to the site, it was revealed that the property in question was in possession of a third party and on verification from the Sub-Registrar's office at Farukh Nagar, Gurgaon, it was revealed that the same was already sold in favour of one Sanjeev Kumar for a consideration of Rs. 1.40 Crores in April, 2013. The complainant thus made this complaint on which FIR No. 112/2018 as noted above, was registered.
(3.) The complainant also gave one more complaint to P.S. Hauz Khas on which, no separate FIR was registered but the same was also clubbed during the investigation of the present FIR by recording supplementary statement of the complainant. In the said complaint dated 2nd Dec., 2018, the complainant R.K.Jha complained to DCP (South) that the petitioner approached him through common friend for letting out his property bearing No H-139, Block H, Sector 84, Faridabad. The accused also induced him to hand over the original documents of the subject property so that he can place the same as collateral security with the UCO Bank, Punjabi Bagh Branch, New Delhi. The petitioner represented himself to be the owner of the account bearing No.0234510000670 maintained by M/s. Nishi Tradex Private Ltd. As against the property of the complainant, the petitioner took over draft facility to the tune of Rs. 80 lakhs. On the said facts being revealed, a cheque was issued for a sum of Rs. 80 lakhs was issued by the petitioner in favour of the complainant which was dishonoured. It was later revealed to the complainant on enquiry from the UCO Bank, Punjabi Bagh Branch that the original documents of the complainant's property were not placed with M/s. Nishi Tradex Pvt. Ltd. but with a different company being M/s. Shivangi Exim Pvt. Ltd. and Amresh Mishra was neither the signatory nor the Director in M/s. Nishi Tradex Pvt. Ltd. The Memorandum of Understanding between the complainant R.K.Jha and M/s. Nishi Tradex Pvt. Ltd. dated 19th Jan., 2015 through its authorized signatory Dharmender Kumar Pandey is also signed by Amresh Mishra as Director of M/s. Nishi Tradex Pvt. Ltd.