Delhi High Court
Arvinder Singh & Anr. vs State on 19 February, 2020
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 19.02.2020
+ BAIL APPLN. 224/2020
ARVINDER SINGH AND ANR. ..... Petitioner
Through: Mr. Sanchit Garga &
Nitinkant Ahluwalia,
Advocates.
versus
THE STATE (GOVT. OF NCT OF DELHI ..... Respondent
Through: Mr G M Farooqui,
APP for State alongwith SI K
P Rana, PS Sonia Vihar.
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 petitioners Arvinder Singh &
Gurvinder Kaur under section 438 Cr.P.C. in FIR No. 585/2019 u/s.
420 IPC PS Tilak Nagar.
2. Ld. Counsel for the petitioner has prayed for anticipatory bail
on the ground that petitioners are innocent and have been falsely
implicated in the present FIR. It is submitted that it is basically a
civil dispute between the parties which has been given the colour of
a criminal complaint.
Bail Appl. no. 224/2020 Page no.1
3. It is submitted that petitioners are ready to join the
investigation as and when required and has, therefore, prayed that he
be released on bail in the event of his arrest.
4. The application is opposed by the Ld. APP for the State on
the ground that the complainants have been cheated by the
petitioners as the property in question which was sold to them
already stood sealed by the MCD at the relevant time. It is submitted
that petitioner Arvinder Singh was not authorized to deal in the
property by Sh. Davinder Singh or his wife. Cheated amount of Rs.
75,21,000/- is yet to be recovered. Ld. APP has, therefore, prayed
for dismissal of the anticipatory bail application.
5. I have considered the rival submissions. Record reveals that
complainants Vipin Pahwa & Amit Pahwa made a complaint that
petitioner Arvinder Singh proposed them to sell the Property
208/96A, Tilak Nagar, Delhi stating that he and his partner
Davinder Singh have purchased the said property in the name of
their wive's Mrs. Gurvinder Kaur & Mrs. Deep Kaur. He further
stated that he is the lawful power of attorney holder of Gurvinder
Kaur and Deep Kaur for the purpose of constructing and selling the
said property and has undertaken the construction of said property
as per sanction building plan and the right, title and interest, in the
said property are absolutely clean and free from all sorts of
encumbrances/notice/charges/litigation. On the basis of aforesaid
inducement and representation by the petitioner Arvinder, the
complainants agreed to purchase the said property for a
total consideration of Rs. 1,40,21,000/- payable by 01.03.18.
Bail Appl. no. 224/2020 Page no.2
On 25.09.17 an agreement between complainant Vipin Pahwa and
alleged Arvinder Singh was also executed for the aforesaid deal.
The complainant gave a sum of Rs. 75,21,000/- to the petitioners out
of which Rs. 15 lacs was given through cheque and remaining was
given through cash. Arvinder Singh provided the copy of the chain
of the documents of the said property and on the basis of the
property documents, the complainant got approved loan against
property from ICICI Bank for the rest of payment. During the
processing of loan documents, it was first decided between the
complainants and the petitioners that sale deed will be registered on
26.12.17. However, later on the date was shifted to 31.01.2018.
Meanwhile the complainant came to know from official of ICICI
Bank that technical objection has been raised to the effect that some
portions of the said property is unauthorized. The complainant, had
thereafter, informed Arvinder about the same. The petitioner,
however, stated that, there is no unauthorized construction and
represented that they should not worry, as he would get the
completion certificate from MCD, before execution of the sale deed.
However, in the last week of January, 2018 Arvinder Singh stated
that the registry cannot be done by 31.01.18 as it will take some
time to get the completion certificate of the property. Believing the
representations of Arvinder Singh to be true and correct, the
complainant entered into an agreement dated 28.02.18 for
cancellation of agreement executed on 25.09.17 as Sh. Arvinder
Singh will start returning their payments. However, Arvinder Singh
did not return any money to the complainants. Accordingly a
Bail Appl. no. 224/2020 Page no.3
complainant was lodged at Police station.
6. During the course of the investigation copy of the agreements
and other documents were obtained. Davinder Singh and his wife
were also interrogated who stated that they had not signed any
power of attorney in favour of Arvinder Singh and nor
authorized him to deal in his property on behalf of him or his
wife namely Deep Kaur. During enquiry it was found that the 50 %
of the said property (petitioner's share) has been sold to another
person namely Rahul Batla. The complainant also produced the
paper relating to MCD which shows that at the time of said
agreement, the property stood sealed by MCD.
7. Perusal of the above facts reveals that petitioners have
cheated the complainants as the property in question already stood
sealed by the MCD at the time of alleged agreement. Moreover, co-
owner Davinder Singh & his wife have categorically stated that they
had never signed any Power of Attorney in favour of the petitioners
and neither authorized the petitioners to deal with the property in
their name. Recovery of Rs. 75,21,000/- is still to be effected from
the petitioners. In view of the above facts appearing on record and
nature of offence and the fact that custodial interrogation of the
petitioner is required for recovery of amount, no grounds for
anticipatory bail are made out. The anticipatory bail application is,
therefore, dismissed.
BRIJESH SETHI, J
FEBRUARY 19, 2020
Amit
Bail Appl. no. 224/2020 Page no.4
