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SWARANA KANTA SHARMA
D P S Rathore – Appellant
Versus
State Govt of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)
1. The present bail applications under Section 438 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") have been filed by the applicants seeking anticipatory bail in FIR bearing No. 81/2018, registered at Police Station Preet Vihar, Delhi for the offences punishable under Sections 420/34 of the Indian Penal Code, 1860 ("IPC").
2. Brief facts, leading to the case at hand, are that a friendly loan of Rs. 35 lakh was granted to applicants by the complainant M/s Netsity Systems Pvt. Ltd. in November 2006 and a further loan of Rs. 15 lakh in March 2008 by way of cheques. Thereafter, when the applicants were unable to pay the same, they agreed to sell the property bearing no. B-58, Preet Vihar, Delhi to the complainant and in this regard, an agreement to sell was duly executed. Later, it was found that the said property was already sold to others and also the cheques issued earlier by applicants were also dishonored when presented. A legal notice was accordingly sent and applicants replied by stating their inability to execute the sale deed. As per the allegations, the applicants have failed to execute all the agreements and have cheated the comp
The main legal point established in the judgment is that the grant of anticipatory bail is not warranted when the accused persons are alleged to have cheated multiple parties and have a modus operand....
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