SURENDER SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Surender Sharma has sought pre-arrest bail in a case registered by way of FIR No. 81 dated 9.6.2011 at Police Station Ballabgarh, District Faridabad for an offence punishable under sections 406, 420, 467, 468, 471 read with section 120-B of Indian Penal Code.

(2.) The case, in brief, is that Bhim Singh, the complainant, sold his share in the land to a private builder for about Rs. 11.00 crores. He wanted to make productive investment of this amount. The petitioner had been working as property dealer at Old Faridabad and he had been visiting the complainant being distant relation. He asked the complainant to invest the money in some property. He had shown him three different.. properties. The complainant paid him Rs. 4,20,00,000/- through different cheques, but the petitioner did not get any sale deed executed in his favour. When he pressed for transfer of land, the petitioner executed a sale deed on 11.8.2006 in favour of the complainant in respect of land No. 1 for a consideration of Rs. 29,88,000/- . Thereafter, he did not execute any other sale deed. As he told the complainant that the remaining land is quite precious, the complainant issued to him a post dated cheque for Rs. 1.00 crore on the condition that the same would be encashed only on transfer of land agreed to be sold. On his subsequent representation of the necessity to pay some amount to the vendor, a sum of Rs. 70,00,000/- was again paid by way of cheque dated 5.4.2007. The petitioner even thereafter did not get the sale deed executed and the complainant came to know subsequently that he had sold the land agreed to be sold to him to some other person.

(3.) Learned senior counsel for the petitioner has submitted that the agreement was qua one property only. According to him, though the amount paid by the complainant to the petitioner was even not the full price of that property, still the petitioner executed the sale deed in his favour in respect of the said land. He has further submitted that there is no written agreement regarding the other land. He has further submitted that the agreement was for sale of one property for Rs. 5,20,00,000/- and the complainant did not even pay the entire amount.