MANAV MALHOTRA Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) PETITIONER Manav Malhotra seeks anticipatory bail in FIR No. 350 dated 24.08.2014 registered under Sections 406 and 420 IPC at Police Station Sector -39, Chandigarh. It is necessary to give the facts disclosed by the complainant.

(2.) THE allegations leveled by complainant Ravinder Singh are that the petitioner, a property consultant approached him as an authorized dealer/ agent of M/s EMAAR MGF and that he had a plot No.31 in Sector 104, S.A.S. Nagar, Mohali for sale. The total price of the plot was Rs.53,63,375/ -. The petitioner told the complainant that initial booking of Rs.5 lacs had to be made. The complainant approached his uncle for an advance of Rs.5 lacs, which was paid in cash to the petitioner on 25.11.2010. Receipt in this regard was also issued to him in December, 2010. The petitioner asked him to pay another sum of Rs.5 lacs, which was the next installment. The complainant called the petitioner to his house and gave a cheque of Rs.5 lacs in favour of Gauransh Associates. This consultancy firm was owned by the petitioner. In February, 2011, the petitioner asked the complainant to pay another installment of Rs.5 lacs to be paid directly to M/s EMAAR MGF. The complainant handed over a cheque of Rs.5 lacs in favour of M/s EMAAR MGF, which was encashed by the company.

(3.) THE petitioner approached the complainant and asked him to pay another sum of Rs.1 lac as the plot was to be allotted in his favour. The complainant gave a cheque in favour of Gauransh Associates on 06.05.2011. The petitioner again asked for a sum of Rs.1,35,000/ - and a cheque in favour of Gauransh Associate was handed over to the petitioner on 12.06.2011. The petitioner is alleged to have asked the complainant to pay another sum of Rs.5 lacs as some formalities were to be completed. The complainant was finding it difficult to arrange any such amount in that short period but was told that if the amount was not paid within two days, then the earlier amount would be forfeited.