KULWANT SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Concisely, the prosecution claimed that the petitioners-accused executed an agreement to sell dated 13.07.2011 in favour of the complainantHarmeet Singh son of Kaka Singh(for brevity "the complainant") & his brother and fraudulently received an amount of Rs.20 lacs as earnest money. They intentionally did not execute the sale-deed on the agreed date i.e. on 28.12.2011. On enquiry, it revealed that the petitioners-accused had already executed agreement to sell dated 31.05.2011 in favour of Mohinder Singh and others, before executing the agreement to sell in their(complainants) favour. It was claimed that when the complainant asked them to execute the sale-deed in their favour, then the petitioners-accused threatened them with dire consequences.

(2.) Levelling a variety of allegations and narrating the sequence of events in all, the complainant claimed that the petitioners-accused have cheated them and fraudulently received an amount of Rs.20 lacs as earnest money. In the background of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against the petitioners-accused Kulwant Singh and another, by means of FIR No.77 dated 23.06.2012, on accusation of having committed the offences punishable under Sections 420 and 120-B IPC, by the police of Police Station Mamdot, District Ferozepur.

(3.) Having exercised and lost their right before the Additional Sessions Judge, now the petitioners-accused have preferred the present petition for the grant of anticipatory bail in the above indicated case, invoking the provisions of Section 438 Cr.P.C.