BALRAJ MIGLANI Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) The prayer in this petition is for grant of anticipatory bail to Balraj Miglani, who has been booked alongwith his daughter Aarti Verma and son-in-law Rakesh Verma by the Economic Offence Wing, Sector 17, Chandigarh, for the offences punishable under Sections 420,467,468,471 and 120-B, IPC.

(2.) The brief facts of the case are that Amit Mahajan (complainant) alleged that Rakesh Verma and his wife Aarti Verma were owners of House No.220, Sector 16, Chandigarh. Amit Mahajan was interested to purchase the said house. Ramesh Verma and Aarti Verma executed an agreement to sell dated 20.11.2010 in favour of Amit Mahajan in respect of the above stated house for a total sale consideration of L 11.01,00,000/-. He was assured that the property in question was free from all sorts of encumbrances. The complainant paid an amount of L 2,00,00,000/- as earnest money on the day of execution of the agreement, L 2,00,00,000/- on 25.12.2010 and L 2,50,00,000/- on 15.3.2011 to Rakesh Verma and Aarti Verma. Repeatedly, the last date for execution of agreement and registration of the sale deed was postponed. When a notice was pasted by a bank on the house in question, then the complainant learnt that a loan amounting to L 14,63,00,000/- was due and Rakesh Verma and Aarti Verma had mortgaged the whole share of the said property to the bank and therefore, deceitfully received L 6,50,00,000/- from the complainant.

(3.) Rakesh Verma and his wife Aarti Verma were arrested and after completion of the investigation, report under Section 173 Cr.P.C. has been presented before the learned Area Magistrate for their prosecution.