KAVITA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has preferred the instant petition under Section 438 Cr.P.C. For grant of anticipatory bail in case FIR No.954 dated 11.11.2017, registered under Sections 406, 420, 506 IPC at Police Station Civil Lines Karnal, District Karnal.

(2.) It is the case of the prosecution that the petitioner executed an agreement to sell dated 25.09.2014 with the complainant for the sale of a plot for a total sum of Rs.24,00,000/- (twenty four lacs). It is specifically mentioned in the body of the agreement that the petitioner has received Rs.11,00,000/- as earnest money. However, a separate note is also given by her in the said agreement to the effect that she has received Rs.11,00,000/- in the presence of both the witnesses. The agreement is also signed by Randhir Singh, complainant. It was agreed that the sale deed shall be executed on 25.11.2014. The said agreement to sell was also witnessed by the husband of petitioner namely Pawan Kumar as well as another witness Bajinder.

(3.) It is further the case of the complainant that in order to cheat the complainant, the petitioner has sold out the same plot to Smt. Shikha Lamba for a lesser sale consideration of Rs.14,20,000/- only vide sale deed dated 31.10.2014 (Annexure P-3).