Prima facie case against the accused is a crucial factor in deciding the grant of anticipatory bail.

JUDGMENT :

JASJIT SINGH BEDI, J.

The prayer in the present petition under Section 438 Cr.P.C. is for the grant of anticipatory bail to the petitioners in case FIR No.201 dated 19.06.2017 registered under Sections 420 & 120-B IPC at Police Station South Sector 34, Chandigarh.

2. The brief facts of the case are that an agreement to sell of House No.1142, Sector 44-B, Chandigarh was executed by Mrs. Anjuly Chib Duggal in favour of the petitioners for an amount of Rs.2 crores on 30.01.2011. The copy of the agreement is attached as Annexure P-2 to the petition.

3. Meanwhile the petitioners entered into a joint venture agreement with respondent No.2-complainant. A sum of Rs.1 crore was paid by the complainant and it was resolved that after the sale deed was executed, both the parties would be 50% owners each. The copy of the joint venture agreement dated 08.05.2021 is attached as Annexure P-5 to the petition. On the same day, an agreement to sell of 50% of the house was executed by the petitioners in favour of the complainant on the receipt of Rs.1 crore and the sale deed was to be executed after reconstruction. The copy of the agreement is attached as Annexure P-4 to the petition.

4.. Thereafter, a sale deed was executed by Mrs. Anjulu Chib Duggal in favour of the petitioners on 27.05.2011 (Annexure P-3). The petitioners, however had taken a loan of Rs.82 lakhs from the State Bank of Patiala, Sector 22-B, Chandigarh by creating an equitable mortgage of the entire property by claiming that the property was self-acquired and no other person had any interest in the said property and nor was their any subsisting agreement to sell of the said property. The copy of the letter dated 29.05.2011 addressed by the petitioners to the Bank is attached as Annexure A-4.

5. After paying some instalments, when the petitioners were unable to repay the loan, symbolic possession was taken by the Bank on 06.01.2014.

6. Faced with the said situation, respondent No.2-complainant filed a complaint with the IG, Chandigarh Police on 20.01.2014 (Annexure P-6) stating that the petitioners had cheated him. The said complaint was inquired into and the DSP, EOW, U.T., Chandigarh vide his report dated 25.03.2014 (Annexure P-7) came to the conclusion that no cognizable offence was made out as the matter was purely civil in nature and the petitioners had always been and ready and willing to execute the sale deed for 50% share of the property in favour of respondent No.2-complainant after receiving the balance amount of Rs.50 lakhs. The copy of the report of the DSP dated 25.03.2014 is attached as Annexure P-7 to the petition. The SSP, Chandigarh endorsed the report of the DSP, Chandigarh vide his report dated 11.11.2014 (Annexure P-9).

7. Thereafter, both the parties appointed an Arbitrator and a consent award was passed on 27.03.2015 (Annexure P-10) as per which the petitioners were to negotiate with the bank and subsequent thereto, the entire amount of the loan was to be paid by respondent No.2- complainant subject to a maximum limit of Rs.82 lakhs. The copy of the award is attached as Annexure P-10 to the petition.

8. However, the State Bank of Patiala, Sec-22B, Chandigarh auctioned the property in April/May, 2015 for an amount of Rs.1,91,70,000/-. After clearing all the dues, the Bank gave a sum of Rs.72 lakhs to the petitioners who retained the same.

9. Thereafter, a complaint was made to the IG, Chandigarh Police on 18.05.2015. Subsequent thereto, the instant complaint came to be instituted under Section 156(3) Cr.P.C. on 04.05.2017 and the JMIC, Chandigarh directed for the registration of the FIR vide order dated 14.06.2016 (Annexure P-17). As per the allegation in the FIR, the complainant had been cheated as the petitioners had not acted upon either the Joint Venture Agreement or the agreement to sell, both executed between the petitioners on the one hand and the complainant on the other. The respondent No.2-complainant had paid an amount of Rs.1 crores plus a furthe