Jurisdiction of the court and lack of cooperation from the petitioner influenced the court's decision in dismissing the bail application.

JUDGMENT

Rajnish Bhatnagar, J. - By way of this order, I shall dispose of the present petition filed under Section 438 Cr.P.C. on behalf of the petitioner for grant of anticipatory bail in case FIR No. 578/2020 dated 21.08.2020 under Sections 420/406/34 IPC registered at Police Station R. K. Puram.

2. Briefly stated, the facts of the case are that a complaint from Mrs. Renu Sayal was received at police station R.K. Puram against (1) Mr. Shiva Narayan Gupta (Director), (2) Mr. Dhirender Gaba, Director (present petitioner), (3) Mr. Naveen Gaba (Director), (4) Ms. Manorma (Director) and all other directors during 2014-2019 of Fairwealth Housing Private Ltd. UG3, Somdutt Chamber -2, Bhikaji Cama Place, New Delhi110066, alleging therein that the alleged persons on or about January 2014 launched a project titled 'Fairwealth Breeze Homes' Bhiwadi in which they were offering residential apartment for sale. After reading the advertisement during the month of January 2014, complainant visited the office of alleged company at Bhikaji and during the meeting alleged persons assured the complainant that the project of the company has all necessary approvals. Alleged persons induced the complainant to invest in their project by showing various Agreement to Sell purportedly entered between land owners and directors of 'Fairwealth Breeze Homes'.

3. It is alleged that due to the trust developed, the complainant on 01-02-2014 booked a residential apartment space measuring 1,000 Sq ft. (Super area) in the 'Fairwealth Breeze Homes' project. Complainant filled up the application / provisional registration form and paid Rs 2 Lakhs upfront as booking amount for the proposed project and subsequently letter was issued by the alleged company in which residential apartment No 1005, Tower B-2, on 10 Floor, was allotted to the complainant.

4. It is further alleged that complainant paid all the installments on time, as was stipulated in the Price List & Payment Plan Form. Thus, so far, in total, complainant has paid a sum of Rs 14,68,808/- to the alleged persons / company. Complainant regularly approached the alleged persons and enquired about the delay of construction of super structure of the project as promised at the time of booking i.e. 24 month, but no appropriate reply was given by the alleged persons and whenever complainant requested alleged persons to execute allotment letter / Agreement of allotment / Builder Buyer Agreement, the alleged persons always sought time for the same. The alleged persons failed to complete the project within promised time and all the directors are now not traceable and have absconded. The alleged persons have cheated amount of Rs 14,68,808/- from the complainant.

5. Complainant also provided the copy of receipt of payment made to the alleged persons, application form for booking of residential apartment in Fairwealth Breeze Homes and copy of Builder Buyer Agreement.

6. During the course of enquiry, on scrutiny of Builder Buyer Agreement, in clause No 8. Possession of the Apartment, 8.1 Schedule for possession of the said Apartment, it was agreed by the alleged company that the promoter assures to handover the possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the Project. In this regard, a case vide FIR No. 578/20 dated 21.08.2020 u/s 420/406/34 IPC was registered at PS R. K. Puram, New Delhi.

7. It is submitted by the Ld. counsel for the petitioner that the FIR has been registered after a delay of two years without any cognizable offence having been committed by the petitioner. It is submitted that the complainant had approached Gurgaon office of Fairwealth Housing Private Ltd. and agreed to invest in the said project and paid Rs. 2 Lakh in advance and thereafter made several payments on different intervals. It is further submitted that the petitioner has resigned from the directorship of the company on 28.09.2019. It is further submitted that as per the