( 1 ) THIS petition has been posted before Division bench pursuant to the order passed on 7. 2. 2002 by learned single Judge saying that there is conflict of views in judgments dated 26. 11. 2001 in Cr. R. 638/2001 titled as Mrs. Rajeshwari Verma and Anr. vs. State; Sarkar Saheb vs. State 93 (2001) DLT 585 and Vansh Bahadur Singh vs. State 1998 (2) JCC (Delhi) 39.

( 2 ) FACTS giving rise to the reference may be stated in short. On the complaint dated 25. 11. 99 of Tej Bhan sharma FIR No. 42/2001 dated 16. 1. 2001 was registered at p. S. Hauz Khas for offences under Section 406/420 IPC. The complainant alleged that the accused had cheated him to the tune of Rs. 65,00,000/- by representing himself as a renowned builder and thereby inducing the complaint to invest a sum of Rs. 65,00,000/- for purchasing property bearing No. FC-59, Shivaji Enclave, New Delhi and further allured the complainant that he will gain double the amount within one year and also assured that in case his promise proves otherwise, he would pay double the amount to the complainant. The complainant having come under such inducement made payments of different amounts, at different times between 1996-97