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DELHI HIGH COURT
ASHA MENON
Mukesh Khurana – Appellant
Versus
State of NCT Delhi – Respondent


ORDER

1. The present application has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in respect of FIR No.435/2020, under Sections 420/406/34 IPC, registered at Police Station Safdarjung Enclave, Delhi.

2. The facts may be noted. The FIR has been lodged by Mr. Karan Sachar, authorized representative of M/s Vaishali Infratech (Pvt.) Ltd., on the allegations of cheating and misappropriation. The applicant, through his Company, M/s Rudra Buildwell Pvt. Ltd., is a builder and has a project, namely, 'Rudra Palace Heights', in which, the complainant/Company booked 11 flats. Large sums of money had also been paid for the flats amounting to Rs.1,33,87,500/- towards 75% of the consideration. The applicant is the promoter and Director of M/s Rudra Buildwell Pvt. Ltd. There were others also named as accused in the FIR. Fundamentally, the complaint was that these investments were made in the year 2015. However, despite the fact that the flats were to be fully constructed and handed over in 2018, till date, no flat had been handed over to the complainant, rather the complainant came across a Charge intimation to the Registrar of Companies filed by the applicant, informin

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