Delhi High Court
Rahul Narang vs The State Of Delhi on 17 October, 2019
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17.10.2019
+ BAIL APPLN. 2344/2019 & Crl. M. A. 36166/2019
Rahul Narang ..... Petitioner
Through: Mr. G. S. Narula & Mr. M.
Sarwar, Advocates.
versus
THE STATE OF DELHI ..... Respondent
Through: Mr G.M.Farooqui,
APP for State alongwith SI
Gulshan Yadav, EOW.
Mr. S. K. Sharma and Mr.
Prayas Aneja, Advocates for
complainant.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (ORAL)
1. Vide this order, I shall dispose of an anticipatory bail
application filed on behalf of the petitioner Rahul Narang under
section 438 Cr.P.C. in FIR No. 149/2019 u/s. 420/406/120-B IPC.
2. Ld. Counsel for the petitioner has prayed for anticipatory bail
on the ground that petitioner is innocent and has been falsely
implicated in the present FIR. The petitioner is running a well
reputed and prestigious gym namely "Olympia" in Greater Kailash-
II, New Delhi for the last more than 20 years. He had initially
Bail Appl. no. 2344/2019 Page no.1
purchased the basement of the premises in question bearing no. S-
569 Greater Kailash-II, New Delhi-110048 sometime in the year
1998. Later on the first and second floor of the above mentioned
premises was also purchased. He was in occupation of ground floor
of the said premises. For the last two years due to the ongoing
sealing drive, the petitioner suffered business loss. The petitioner,
therefore, decided to sell the respective floors of the premises to the
complainant. In accordance with the agreement to sell, certain
amounts were paid by the complainant to the petitioner. The sale
transaction was to be completed on or before 30.11.2018. The
complainant was delaying the payment and a legal notice was also
issued to him in this regard. Instead of paying the balance amount of
sale consideration, the complainant in order to harass the petitioner
instituted civil suit against the petitioner in respect of the said
premises for specific performance and also sought injunction
restraining the petitioner form selling the said premises. It is a
matter of record that wife of the petitioner on 09.08.2019 got the
registration of the sale-deed done in respect of her portions i.e. first
and second floor in the said premises in favour of the complainant.
The complainant has made payment of the necessary loan amount to
the financial institution like India Bulls (Rs. Two Crores) for second
floor and from Reliance Capitals (Rs. Three Crores & ten Lacs) for
second and first floor flats. The petitioner has been falsely
implicated in this case. No useful purpose will be served by keeping
him in custody as he has no role in the commission of offence. It is
submitted that petitioner is ready to join the investigation as and
Bail Appl. no. 2344/2019 Page no.2
when required and in these circumstances, it is prayed that petitioner
be granted anticipatory bail and SHO/IO be directed to release the
petitioner in the event of his arrest.
3. The application is opposed by the Ld. APP for the State on
the ground that the allegations against the petitioner are serious in
nature. He is involved in an offence of cheating involving huge
amount and he in criminal conspiracy with other co-accuseds
misrepresented the status that property is free from all
encumbrances. Ld. APP has, therefore prayed for dismissal of the
bail application.
4. I have considered the rival submissions. The FIR No. 149/19
dt 08.08.2019 u/s 420/406/120B IPC PS EOW, New Delhi was
registered on the complaint of Sh. Harbhej Singh, Director M/s
Harji Engineering Works Pvt Ltd. Who alleged that in August, 2018
Ms. Shefali Narang, Rahul Narag, Ms. Rachna Narang and Rajinder
Narang approached him to sell their portions of property bearing
No. S-569, Greater Kailash-II, New Delhi. They represented that
property is free from encumbrances and there is no lien on the
property. The complainant agreed to purchase the property for the
total of sale consideration of Rs. 10 Crores and paid the amount of
Rs. 2.08 Crores, through bank and cash to the alleged persons. He
came to know that the said property was not free from
encumbrances and financial institutions i.e. M/S Intec Capital Ltd.,
M/s Reliance Home Finance & India bulls Housing Finance have a
lien over the property. Thus, he was cheated by the petitioner and
other co-accuseds.
Bail Appl. no. 2344/2019 Page no.3
5. It is further the case of the prosecution that complainant
Harbhej Singh has been examined and the original agreements
executed between him and the alleged accused persons have been
seized. The complainant Harbhej Singh has entered into three
agreements to sell all dated 14.09.2018 for a total consideration of
Rs. 10 Crores. The details of these agreements are as follows:
(i) Agreement to sell dated 14.09.18: An agreement was executed
between Mrs. Shefali Narang w/o Rahul Narang and M/s Harji
Engineering Works Pvt. Ltd. to purchase 1st floor (Rear portion),
2nd Floor (Entire floor) of property bearing no. S-569, Greater
Kialash-2, New Delhi for a total sale consideration of Rs. 5 Crores.
(ii) Agreement to Sell Dated 14.09.18: An agreement was executed
between Rajinder Narang, Rahul Narang & Mrs. Rachna Narang
and M/s Harji Engineering Works Pvt. Ltd. to purchase basement
(front portion) of property bearing No. S-569, Greater Kailash-2,
New Delhi for a total consideration of Rs. 2 Crores.
(iii) Agreement to Sell dated 14.09.18: An agreement was executed
between Rahul Narang and M/s Harji Engineering Works Pvt. Ltd.
to purchase Ground Floor (Front portion) of property bearing No. S-
569, Greater Kailash-2, New Delhi wherein there is a gym running
for a total consideration of Rs. 3 Crores.
6. It is further the case of the Prosecution that during
investigation, it was revealed that alleged Rahul Narang, Shefali
Narang, Rajender Narang had taken various loans from M/s Intec
Capital Ltd. Reliance Home Finance and Indiabulls housing finance
by mortgaging their portions of property No. S-569, Basement Side,
Bail Appl. no. 2344/2019 Page no.4
Greater Kailash-2, New Delhi. Details of loans availed with them
are as under:
i). M/s Intec capital Ltd. had sanctioned an amount of Rs. 2 Crores
as a loan to the borrower The Fitness Club, co-applicants Rahul
Narang. Shefali Narang, Rajender Narang, M/s Olympia Fitness Pvt.
Ltd. vide loan sanction letter dt. 31.07.15. property bearing No. s-
569, Basement side, Greater Kailash-2, New Delhi measuring 1000
sq. Yards was mortgaged as collateral security.
ii). M/s Reliance Home Finance had sanctioned one home loan and
one top up totalling Rs. 2,88,60,000/- to borrowers Rahul; Narang.
property bearing No. S-569, 2nd floor (front Side). Greater kailash-
2, New Delhi, New Delhi was mortgaged.
iii). Indiabulls Housing Finance had sanctioned an amount of Rs.
1.92crores as a loan to borrower Rahul Narang and his wife Shefali
Narang and co-applicant M/s Olympia fitness Pvt. Ltd. through its
directors. Property bearing No. S-569, 2nd floor (Rear Portion in
front block), Greater Kailash-2, New Delhi was mortgaged.
7. It is further the case of the prosecution that petitioner along
with other co-accuseds by a pre-planned criminal conspiracy,
misrepresented to the complainant the fact that the property is free
from all encumbrances whereas they had availed multiple loans
from NBFCs.
7. During investigations a notice u/s 41A CrPC was served upon
the petitioner for joining investigation on 19.09.2019. On
23.09.2019, petitioner Rahul Narang joined the investigation.
During examination, he informed that he executed Agreement to sell
Bail Appl. no. 2344/2019 Page no.5
dated 14.09.2018 with Harbhej Singh and he was well aware that
property is already mortgaged with NBFCs. Out of total sale
consideration, he received Rs. 1.28 crores from Harbhej Singh.
Thereafter he alongwith his wife, father and mother entered into
another agreement to sell dated 14.09.2018 with Harbhej Singh of
M/s Harji Engineering Works. Agreement to sell dated 14.09.2018
was executed by his wife Shefali Narang with regard to 1st Floor
Rear portion, 2nd Floor Front portion & 2nd Floor Rear portion. On
27.08.2009, she had executed 3 Sale Deeds of 1st floor Rear portion,
2nd floor Front portion & 2nd floor Rear portion in favour of M/s
Harji Engineering Works Pvt. Ltd. and also got it registered at Sub-
registrar- V (A), Hauz Khas, New Delhi. Agreement to sell dated
14.09.2018 was executed by him, his father and mother. This
agreement to sell has already expired on 14.11.2018. Similarly
agreement to sell dated 14.09.2018 was executed by him with regard
to front Ground floor portion. He claimed that this agreement to sell
has expired on 14.11.2018. Loans of M/s Reliance Capital & M/s
Indiabulls Housing Finance has already been repaid and loan
account has also been executed in favour of Ms. Harji Engineering
Pvt. Ltd. by his wife Shefali Narang. Front basement portion was
mortgaged with M/s Intec Capital and this loan is still outstasnding.
He was asked to produce documents of front Ground portion. he
stated that he had possession of Ground floor through rent
agreements and sought time to provide documents. The documents
in this regard are yet awaited.
8. The perusal of the record thus reveals that the petitioner is not
Bail Appl. no. 2344/2019 Page no.6
joining the investigation. He alongwith his family members entered
into a criminal conspiracy and misrepresented the status of the
property to the complainant by stating that it is free from any lien
though it was mortgaged with several NBFCs. Since this is a case of
criminal conspiracy in which the petitioner, his wife and father are
involved and have cheated the complainant by making false
statement, no grounds for anticipatory bail are made out. The
anticipatory bail application along with pending application is,
therefore, dismissed.
BRIJESH SETHI, J
OCTOBER 17, 2019
Amit
Bail Appl. no. 2344/2019 Page no.7
