NARESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 438 Cr.P.C. seeking anticipatory bail in case having FIR No. 18 dtd. 25/2/2022, registered under Ss. 417 and 420 IPC at Police Station Division No.1, Pathankot.

(2.) As per the allegations recorded in the FIR, the petitioner and his father Harbans Lal entered into an agreement to sell the property in question with complainant Deepak Kumar and in this regard agreement to sell was executed between the parties on 2/7/2019 and the entire sale consideration of Rs.46,00,000.00 has been received by the vendors from the complainant. That thereafter Harbans Lal died while the petitioner failed to execute the sale deed in favour of the complainant, who is his real brother and the petitioner also failed to return the sale consideration which was received by him and his father at the time of execution of agreement to sell dtd. 2/7/2019.

(3.) The counsel for the petitioner, inter alia, contends that the entire dispute between the parties is of civil nature and the petitioner has already filed suit for declaration that the aforesaid agreement to sell is a fake document, while the complainant has filed suit for specific performance of the aforementioned agreement to sell. The counsel for the petitioner further submits that the petitioner has joined the investigation with the police in compliance of the order of interim bail passed by this Court and that the entire case is based on documentary evidence which has already been collected by the investigating agency.