LOKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This common order shall dispose of above noted three petitions as they arise out of the same FIR.

(2.) The first two petitions, i.e CRM-M Nos. 19494 & 35013 of 2018, have been filed by petitioners Lokesh and Atul Kumar Shukla, respectively, seeking grant of regular bail, whereas third petition, i.e. CRM-M-24758-2018, has been filed by petitioner Anil Kumar seeking grant of anticipatory bail; in case FIR No. 520 dated 04.12.2016, registered under Sections 406, 420, 120-B and 180 of the IPC at Police Station Bhupani, District Faridbad. However, for the sake of brevity, the facts are noticed in CRM-M-19494-2018, filed by petitioner-Lokesh.

(3.) Briefly, the allegations in the FIR, got registered on the application of complainant Subhash Chaudhary, against M/s Jai Ambey Infraestate Pvt. Ltd. and its directors Anil Kumar, Lokesh and Atul Kumar Shukla, petitioners herein are that the complainant was owner and in actual physical possession of the land measuring 33 Kanals 7 Marlas, situated in revenue estate of the village Bhatola, Sub Tehsil Tigaon, District Faridbad, as detailed in the FIR, and had sold the said land to accused persons by executing a sale deed through his General Power of Attorney Sh. Zile Singh, vide sale deed dated 15.07.2015 (Annexure P-3), registered in the office of Sub-Registrar, Tigaon. It is further stated in the FIR that the sale deed was executed in favour of accused-company through its authorized person i.e. accused Anil Kumar and the total sale consideration shown in the sale deed is Rs. 6,25,31,500/- through 31 cheques as detailed in the aforesaid sale deed. It is further alleged that the cheques were duly signed by accused Anil Kumar and Lokesh, being Directors of the company, and as per understanding with the accused, the complainant deposited the said cheques in his account in Axis Bank, however, the same were returned/dishonoured with the remarks "account closed". It is alleged that the accused persons, in conspiracy with each other that the chques could not be honoured on their presentation, have intentionally closed the account for causing wrongful loss to the complainant and in fact, no amount was ever paid to the complainant as sale consideration of the sale deed dated 15.07.2015 by the accused persons. It is further alleged that on the basis of the said sale deed, now the accused persons are trying to transfer/sell the land in dispute and in this way, they have committed fraud with the complainant.