SHINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.65 dtd. 28/7/2021 at Police Station Phool, District Bathinda under Ss. 420 and 120-B of Indian Penal Code.

(2.) The FIR was lodged at the instance of Kashmiri Lal, wherein it is alleged that Shinder Kaur @ Surinderpal Kaur possesses land in her parental Village Jalal where the other accused used to visit her. It is alleged that Shinder Kaur @ Surinderpal Kaur in the presence of her son Jaswinder Singh and accused Gurjant entered into an agreement dated 23. 12.2020 (Annexure P-2) for sale of her land measuring 58 kanals 13 marlas to him @ Rs.15.40 lakhs per acre and received an amount of Rs.42.00 lakhs as earnest money. It is alleged that Shinder Kaur @ Surinderpal Kaur received another amount of Rs.16.00 lakhs from the complainant through RTGS on 22. 4.2021 and had thus received a total amount of Rs.58.00 lakhs. It was agreed that the sale deed would be executed by 30/4/2021. It was further agreed amongst the parties that one month prior to the date fixed for execution of sale deed, the complainant will pay an amount of Rs.16.00 lakhs and the petitioner would get the outstanding loan against the land cleared for the purpose of getting the sale deed executed. It is alleged that despite having received the said amount, the petitioner did not get the sale deed registered and is not even returning double the amount of earnest money i.e. Rs.84.00 lakhs as had been agreed.

(3.) Learned counsel for the petitioners has submitted that even if all the allegations as levelled in the FIR are taken to be correct, still no criminal liability can be fastened upon the petitioners inasmuch as the complainant himself has not honoured all the conditions of the agreement dtd. 23/12/2020 (Annexure P-2) inasmuch there is a categoric recital in the said agreement that the purchaser is to pay an amount of Rs.16.00 lakhs one month prior to the date nominated for registration of the sale deed, whereas in the instant case the said amount of Rs.16.00 lakhs has been transferred to the bank account of the petitioner on 22/4/2021 though the same ought to have been transferred by 1/4/2021.