CHANDRA PRAKASH ARORA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These bail applications has been filed by the petitioner under Section 439 CrPC seeking regular bail in FIR Nos. 342/2020 and 345/2020 respectively registered at Police Station, Neemrana, Distt. Bhiwadi (Alwar) for the offence under Sections 420, 406 and 120-B IPC.

(2.) Learned counsel for the petitioner submits that the accused petitioner is innocent and he has been falsely implicated in this matter. He further submits that the petitioner is a Director of M/s. RIICO Developers Private Limited and another Director in the said firm is his wife Smt. Nidhi Arora. A Development Agreement was executed between Hari Narayan, being the land owner and the petitioner as also his wife being the Developers on 18.7.2013 for development of the property as a commercial property in the name of "Anandam Homes". There was an arbitration clause in the said agreement. Since dispute arose between the petitioner and khatedars, the petitioner filed a civil suit alongwith the application for temporary injunction, which was allowed vide order dated 1.11.2018 and interim injunction was granted in favour of the petitioner. The defendants / khatedars filed a Civil Misc. Appeal, which was dismissed by the Appellate Court vide judgment dated 1.8.2019 and the order dated 1.11.2018 passed by the trial court was confirmed. Subsequently, Hari Narayan had passed away on 17.3.2018 and his grand son Mr. Mohit Yadav filed a civil suit. The learned Trial Court dismissed the said Civil Suit. Aggrieved thereby, Mohit Yadav approached this Court by filing S.B. Civil First Appeal No. 622/2019 titled as 'Mohit Yadav and Anr. Versus RIICO Developers Pvt. Ltd. and Ors , wherein this Court vide order dated 2.7.2019 granted interim order in favour of the land owner staying alienation of the property in question. Thereafter in the year 2020, the present FIRs have been lodged. He further submits that the petitioner has not cheated anybody. Rather he has invested huge amount in the project. Skeleton of some of the flats is ready and 60% work of the petitioner's share has been completed on the spot. But because of the interim order, the petitioner could not complete the project. The present dispute between the parties is civil in nature and in order to convert the same into criminal, the present FIRs have been lodged with a malafide intention. The alleged offence is triable by a Judicial Magistrate, First Class. He further submits that even otherwise for redressal of the complainant's grievance, remedy lies before the Real Estate Regulatory Authority (for short, 'RERA') and complete mechanism has been provided thereunder. Hence, in view of Section 80 of the RERA Act, no FIR can be lodged in the instant matter and only a complaint can be filed in writing before the competent authority only.

(3.) He further submits that vide order dated 27.11.2020 passed by the Coordinate Bench of this Court in S.B. Cr. Misc. Bail Application Nos. 11228/2020 and 11218/2020, the petitioner has been granted bail. Similarly, vide order dated 25.1.2021 passed by the Coordinate Bench of this Court in S.B. Cr. Misc. Bail Application No. 149/2021, the petitioner has been granted bail. Vide order dated 25.1.2021 passed by the Coordinate Bench of this Court in S.B. Cr. Misc. Bail Application No. 151/2021, the petitioner has been granted bail. Vide order dated 29.1.2021 passed by the Coordinate Bench of this Court in S.B. Cr. Misc. Bail Application No. 809/2021, the petitioner has been granted bail. Vide order dated 29.1.2021 passed by the Coordinate Bench of this Court in S.B. Cr. Misc. Bail Application No. 537/2021, the petitioner has been granted bail. Vide order dated 3.3.2021 passed in S.B. Cr.Misc. Bail Application No. 3176/2021, the petitioner has been granted bail. Vide order dated 18.3.3021 passed by the Coordinate Bench of this Court in S.B. Cr. Misc. Bail Application No. 4014/2021, the petitioner has been granted bail. Vide order dated 30.4.2021 passed by this Court in S.B. Cr. Misc. Bail Application Nos. 5816/2021 and 5817/2021, the petitioner has been granted bail. Likewise, vide order dated 23.4.2021 passed by the Coordinate Bench of this Court in S.B. Cr. Misc. Bail Application No. 5900/2021, the petitioner has been granted bail.