H S AHLUWALIA Vs. SH VIVEK MITTAL

JUDGEMENT

(1.) H .S. Ahluwalia -petitioner who was the complainant in respect to case F.I.R. No. 83 dated February 23, 1991 registered with Economic Wing of Chandigarh Police, P.S. Central, for offences under Sections 406, 420 and 120 -B I.P.C. has come to this Court in this petition under Section 439(2) Cr. P.C. praying for cancellation of the bail granted to Vivek Mittal and D.I. Mittal.

(2.) THE basis of the litigation is an agreement to sell dated July 20, 1990 entered into between Vivek Mittal as the seller and the petitioner as the buyer. By means of this agreement, Vivek Mittal agreed to sell plot No. 136, Sector 12, Panchkula for a consideration of Rs 1.50 lacs and received Rs. 1,05,000/ - as earnest money from the petitioner. The plot was owned by Brig. Ram Narain. In the agreement to sell Vivek Mittal had described himself to have an agreement to sell the plot in his favour. It was however, not specified as to from whom he was to purchase the plot. The petitioner claims that he was made to understand that the agreement in his favour was from Brig. Ram Narain who was the owner. The petitioner having found that he had been cheated of an amount of Rs. 1,05,000/ - and Vivek Mittal having no rights in the plot and no authority to sell, got a case registered.

(3.) VIVEK Mittal moved the Court of Additional Sessions Judge and the Additional Sessions Judge considering the matter to be of civil nature granted the concession of pre -arrest bail. The Union Territory move an application for cancellation of that order, but the same application was declined by this Court vide order dated October 11, 1991.