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IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajnish Bhatnagar, J.
Nitin @ Sunil Daral - Petitioner
Versus
State (Govt. of NCT of Delhi) - Respondent
Bail Appln. 2292 of 2021 & CRL.M. (BAIL). 887 of 2021
Decided On : 30-09-2021
Code of Criminal Procedure 1973 – Section 439 and 482 – Indian Penal Code 1860 -Sections 420, 448, 406, 467, 468, 471, 34, 120B - Regular bail – Cheating – Trespassing -House breaking - Dispute in question is purely of civil nature and complainant has misused police machinery to put pressure upon petitioner and his family to extort money from them. It is further submitted that a civil suit has already been filed by petitioner long back, whereas the present FIR was registered after about one year and there is a delay of about 1 year in lodging present FIR. He further submitted that complainant has already received a sum of Rs.94 Lacs from petitioner before lodging of present FIR and still, he has falsely mentioned that amount received by him is Rs.84 Lacs only - Further submitted that as per mutual agreements, as alleged by complainant, total renovation amount was Rs.62 Lacs i.e. Rs.50 Lacs and Rs.12 Lacs in respect of second and third floor respectively and amount claimed by complainant is Rs.1.46 Crore which is more than double of amount allegedly agreed - It is far from reality that complainant could have completed entire renovation work of two floors in a single day only.
Finding of the Court : Petitioner is in J.C. since 14.01.2021. According to the prosecution, petitioner has allegedly grabbed first floor of property in question alongwith his co-accused on basis of a forged agreement to sell which according to prosecution has not seen light of day and even said document has not been produced by petitioner in Civil Court where Civil Suit has been filed for Specific Performance. Said agreement to sell is stated to have been signed by one Darshan Sharma as attesting witness but according to prosecution he has denied his signatures when photocopy of this document was shown to him. The wife of petitioner who is co-accused in this case has already deposited Rs. 62 Lakh in Trial Court - Evidence is all documentary and all documents except original agreement to sell is in possession of IO. Non production of original agreement to sell and its effect would be seen during course of trial. Therefore, in these facts and circumstances, keeping petitioner in J.C. only for purpose of recovering the document may not serve ends of justice as he is in J.C. since more than last 8 months and his wife who is the co-accused in this case has already deposited Rs. 62 Lakh before Trial Court.
Result : Application Allowed
ORDER :
RAJNISH BHATNAGAR, J.
1. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. read with Section 482 Cr.P.C. seeking regular bail in case FIR No. 301/2020 under Section 420/448/406/467/468/471/34/120B IPC registered at P.S. Laxmi Nagar, District East.
2. Brief facts of the case are that the complainant Sh. Vishal Bhutani had filed a complaint against Manjeet Singh, Sunil Daral (present petitioner) and Manisha Daral W/o Sunil Daral all R/o F-193, Vijay Chowk, Laxmi Nagar, Delhi for forgery, cheating, trespassing and house breaking and other penal offences at PS Laxmi Nagar, Delhi, wherein complainant had stated that he is the owner of the property bearing No. F-193/551, Vijay Chowk, Laxmi Nagar, Delhi (measuring 350 Sq. Yds.) and he purchased the same from Smt. Shilpi Gupta W/o Ram Mohan Gupta and Sh. Ram Mohan Gupta S/o Late Shri Gian Chand Gupta vide sale deed duly registered vide Regd. No. 3125, Addl. Book No. 1, Volume No. 1049, pages 169 to 178, dated 29.06.2017 and Regd. No, 5004, Addl. Book No. 1, Volume No. 879, pages 41 to 50, dated 26.06.2017 respectively, (measuring 175 Sq, Yds.). The complainant had constructed four floors along with stilt parking at the aforesaid plot from his own resources then he entered into the agreement to sell and purchase with the alleged Smt. Manisha Daral W/o Sunil Daral (petitioner herein) R/o F-9, Vijay Chowk, Laxmi Nagar, Delhi with regard to the 3rd floor of the above said property and executed the sale deed in favour of Smt. Manish Daral for the 3rd floor of the aforesaid property vide Reg. No. 1867, Book No. 1, Vol. No. 1252, on page 16 to 26, dated 28.03.2018, Sub Registrar VIIIA and received a total sum of Rs.1,17,00,000/-. Later on, he entered into the agreement to sell and purchase with the alleged Smt. Manisha Daral w/o Sunil Daral (present petitioner) R/o F-9, Vijay Chowk, Laxmi Nagar, Delhi with regard to the 2nd floor of the above said property and executed the sale deed of 2nd floor in favour of Smt. Manish Daral vide Reg. No. 4476, Book No. 1, Vol. No. 1353, on Page 97 to 107, dated 28.07.2018, Sub Registrar VIIIA and received a total sum of Rs.1,30,00,000/-. It was further submitted by the complainant that at the time of selling of aforesaid 2nd and 3rd Floor of the said property, some construction work was yet to be completed but the alleged persons pressurized him to execute the sale deed and further asked they would execute an another agreement in favour of the complainant for the completion of renovation work and agreed to pay a sum of Rs.1,46,00,000/-. In this regard, an indemnity & declaration was executed by accused Manisha Daral and her husband Sunil Daral (present petitioner) in favour of the complainant, wherein it was mentioned that 84 Lacs was already paid to the complainant whereas six postdated cheques against the payment of remaining Rs. 62 Lacs were issued by the accused persons. It is further submitted by the complainant that he had already sold out the upper ground floor to some other person and the 1st floor of the building was vacant and he installed his locks on the first floor.
3. He further stated that on completion of renovation work much before the due date, he handed over the possession of 2nd & 3rd Floor to the accused persons but when the said cheques were presented in bank on their due date, the same were dishonoured by the bank due to the reason of stop payment and therefore, the complainant had sent a legal notice to the accused persons. It is further alleged by the complainant that on 03.08.2019, he received a notice from the Court of Smt. Suchi Laler, Civil Judge, Karkardooma Courts, Delhi wherein it was stated that an application was filed by alleged Sunil Daral and Manjeet Singh Daral by which they had claimed that complainant had executed an agreement to sell and purchase with them on 04.09.2017 with regard to the 1st Floor of the above said property against the agreed consideration amount i.e. Rs.1,
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