Delhi High Court
Amresh Mishra vs Govt. Of Nct Of Delhi & Anr. on 26 March, 2021
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on : 22.2.2021
% Pronounced on : 26.03.2021
+ BAIL APPLN. 3696/2020
AMRESH MISHRA ..... Petitioner
Through: Mr. Ajay Majithia, Advocate.
versus
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Mukesh Kumar, APP for the
State with SI Bhawani PS Prasad
Nagar and SI Ranvir Singh PS DBG
Road.
Ms. Rebecca John, Sr. Advocate with
Ms. Manish Parmar, Advocate for the
complainant
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
RAJNISH BHATNAGAR, J.
1. This is a petition filed by the petitioner under Section 438 Cr.P.C.
seeking anticipatory bail in case FIR No. 255/2019 under Sections
420/406/120-B IPC registered at Police Station Prasad Nagar, Delhi.
2. In brief the facts of the case are that the complainant and his wife
were interested in purchasing an immovable property in South Delhi in the
name of the wife of the complainant i.e Mrs. Anju Gupta. One Vishnu
Bhagat introduced the complainant to the applicant/accused and the
applicant/accused help the complainant to zero-in upon the property
belonging to one Shubham Dubey. Assurance was given to the complainant
that the property was free from all encumbrances and on that assurance
given by the applicant/accused and said Shubham Dubey, a deal was struck
for the purchase of the property for a sum of Rs.1.35 crores. In this regard,
an agreement to sell was duly executed between said Shubham Dubey and
the wife of the complainant, and 22.8.2019 was fixed as the date for
execution of the Sale Deed in favour of the wife of the complainant i.e Mrs.
Anju Gupta at the office of Sub-Registrar, Mehrauli. The draft sale deed
was also approved by the parties and the stamp papers worth Rs.5,40,000/-
were duly purchased by Mrs. Anju Gupta but no sale deed could be executed
on 22.8.2019 for certain reasons shown by Shubham Dubey. Thereafter,
3.9.2019 was fixed for execution of the sale deed and on the said date
Shubham Dubey came to the office of Sub-Registrar along with one
Vikramjeet Sheriya and requested the complainant to transfer the
consideration amount in his bank before the execution of the sale deed.
Therefore, a sum of approximately Rs.1.33 crores was transferred from the
bank of Mrs. Anju Gupta to the bank account of Shubham Dubey, and
thereafter, Shubham Dubey and Vikramjeet Sheriya vanished from the
office of the Sub-Registrar without executing any sale deed. According to
the complainant, the applicant/accused Amresh Mishra assured him that
either he would get the property transferred in favour of Mrs. Anju Gupta or
he would facilitate the return of the amount paid to the said Shubham
Dubey. It is alleged against the applicant/accused that he is the main
conspirator and he has played fraud upon the complainant and his wife with
his accomplices namely Shubham Dubey and Vikramjeet Sheriya.
3. It is submitted by the counsel for the petitioner that he has been
falsely implicated in the present case and petitioner has filed a complaint
dated 23.9.2019 with P.S.Prasad Nagar vide DD No.41 dated 3.9.2019
disclosing the facts even before the registration of the present FIR but no
action has been taken on his complaint. He further submits that actual fraud
has been played upon the complainant by Shubham Dubey and Vikramjeet
Sheriya. It is further submitted that wife of the complainant has instituted a
suit being Civil Suit No. 319/2019 for specific performance and permanent
injunction in the court of District and Sessions Judge, and in that suit the
applicant has not been impleaded as a party, which clearly shows that the
complainant has no grudge and case against the petitioner. It is further
submitted that the custodial interrogation of the petitioner is not required. It
is further submitted that petitioner has joined the investigation as and when
directed by the IO.
4. On the other hand, it is submitted by learned APP that the allegations
against the petitioner are grave and serious in nature. He submits that during
the course of investigation NBWs were obtained against the petitioner. It is
further submitted that after the scrutiny of the bank statement of account no.
307402010560609 of co-accused Shubham Dubey, it was revealed that
cheated amount was immediately transferred into the account of accused
Vikramjeet Sheriya and the same was further transferred to different bank
accounts. He further submits that the accused Shubham transferred some
amount to the account of the petitioner's daughter's firm, namely, Samar
Handicrafts and some amount was also withdrawn as cash from the account
of accused Vikramjeet Sheriya . It is further submitted that during the course
of investigation, the co-accused Vikramjeet Sheriya has disclosed that he
had divided the money and given Rs.45-45 lacs in cash to both the accused
persons, namely, the present petitioner and Shubham Dubey as their shares.
It is further submitted by learned APP that on 5.10.2020 the
applicant/accused submitted reply of notice under Section 91 Cr.P.C but
failed to provide relevant information and documents. It is further submitted
by learned APP that he was interrogated in the presence of his Advocate but
there were several contradictions in the statement. It is further submitted
that the wife of the applicant/accused and Shubham availed a loan of Rs.4.5
crores in the year 2018 from Allahabad Bank in respect of the property in
question in the name of the firm M/s Sadhana Exports through its partners
Nivedita Mishra (wife of the applicant) and Shubham Dubey, and this fact
was not brought to the notice of the complainant which corroborates that the
applicant/accused and Shubham Dubey are well connected and part of
conspiracy. It is further submitted that the applicant/petitioner since he was
under the protection of the Court, has not cooperated in the investigation and
has given misleading answers. It is further submitted that during the
meeting between the accused and the complainant the applicant/accused was
present during those meetings. It is further submitted that petitioner is
involved in many other similar type of cases and proceedings under Section
82 Cr.P.C have already been initiated against him.
5. Petitioner is involved in four similar types of cases and proceedings
under Section 82 Cr.P.C has already been initiated against him. Counsel for
the petitioner has argued that the petitioner has made a complaint dated
23.9.2019 against Shubham Dubey and Vikramjeet Sheriya alleging that
they have cheated the complainant. This fact was verified, and on
verification, it was found that accused has only tried to mislead the police
and the said complaint has now been disposed of, and no action has been
taken by the police on the complaint of the accused. A loan of Rs.4.5 crores
was taken on the property in question and the borrowers were M/s Sadhana
Exports through its partners Nivedita Mishra (wife of the applicant) and co-
accused Shubham Dubey. The said loan became NPA and when the bank
was proposing to acquire the said property, it was alleged that the
petitioner/applicant, along with the other co-accused hatched a conspiracy
and sold the property in question to the complainant and received Rs.1.33
crores through RTGS. The applicant/petitioner was aware about the bank
loan and the mortgage of the property in question with the Allahabad Bank
as his wife was one of the partners in the said firm i.e M/s Sadhana Exports
which has obtained the loan by mortgaging the property in question with the
bank. The allegations against the petitioner are grave and serious in nature.
Petitioner does not have clean past antecedents. Custodial interrogation of
the petitioner is required in order to recover cheated amount and to complete
the investigation as petitioner is not joining the investigation.
6. Therefore, the application seeking anticipatory bail, filed by the
petitioner is dismissed.
7. Nothing stated hereinabove shall tantamount to the expression of any
opinion on the merits of the case.
RAJNISH BHATNAGAR, J
MARCH 26, 2021/ib
