ANIL WADHWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this bail application under Sec. 439 of Cr.P.C.

(2.) F.I.R. No. 326/2016 was registered at Police Station Malviya Nagar, District Jaipur for offence under Ss. 420, 406 and 120-B of I.P.C.

(3.) It is contended by counsel for the petitioner that a builder buyer agreement was executed between the petitioner and the complainant. A building by the name of Jalsa Mall was being constructed wherein the owner of the land and two developers joined hands to construct the Mall. It is contended that Mall is at the stage of completion but the complainants have filed the complaints. It is contended that offence under Ss. 420, 406 and 120-B of IPC is not made out as dispute is of a civil nature. It is contended that petitioner is in custody for more than five months in a offence triable by First Class Magistrate.