RATTAN SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for grant of pre-arrest bail to the petitioners in FIR No. 398 dated 5.11.2011, registered under Sections 420, 120-B IPC at Police Station Civil Lines, District Amritsar City.

(2.) Learned counsel for the petitioners submitted that vide General power of attorney dated 21.6.2010, the petitioners had agreed to sell house constructed on a plot measuring 544.26 square yards for a total consideration of Rs.1,30,00,000/-. Rs.26,00,000/- were received as earnest money and last date for execution of sale-deed was fixed as 21.10.2010. The complainant-vendee did not have the balance sale-consideration, hence he could not get the sale-deed registered. FIR was got registered with the police against the petitioners claiming that the deal was @ Rs.21,000/- per square yard and in terms of the sale consideration the area comes to 625 square yards. The submission is that once in the agreement to sell, it is clearly mentioned that the area sold is 544.26 square yards, there is no question of cheating.

(3.) Learned counsel for the State submitted that the complainant in his statement in the FIR claimed that the petitioners agreed to sell the house @ Rs.21,000/- per square yard for a total sale consideration of Rs.1,30,00,000/-, which comes to 625 square yards. But he did not dispute the fact that in the agreement to sell signed between the parties, the area is clearly mentioned as 544.26 square yards.