JUDGMENT :

Jasjit Singh Bedi, J. (Oral)

The prayer in this second petition under Section 438 Cr.P.C. is for the grant of anticipatory bail to the petitioner in case FIR No.9 dated 08.01.2014 under Sections 406, 420 and 120-B IPC registered at Police Station City Kharar, SAS Nagar, Mohali.

2. The brief facts of the case are that one Iqbal Singh filed complaints dated 01.09.2011 and 29.09.2011 to the police which on an enquiry culminated into the instant FIR and reads as under:-

'To the Hon'ble S.S.P. Sahib, SAS Nagar, Mohali, Subject, Complaint for taking action against Sohan Singh S/o Amar Singh, Harinder Kaur W/o Sohan Singh and Mohinder Singh S/o Karam Singh. Sir, It is requested that the following persons entered into an agreement to sell 58 marlas, 57 marlas, 58 marlas, 57 marlas total 220 marlas out of khasra No.588 for total consideration of Rs.40 lacs, copies of which are attached but thereafter they did not start any talk with us for executing the Sale Deed of the above land. That they received Rs.40 lacs from us and now refused to execute the Sale Deed in our favour. They have played fraud with us. 1) Sohan Singh S/o Amar Singh R/o Dulchi Majra, District Ropar (99152-27517). 2) Harinder Kaur W/o Sohan Singh R/o Dulchi Majra, District Ropar. 3) Mohinder Singh S/o Karam Singh R/o House No.29, Near Government Tubewell, Palsaura, U.T., Chandigarh (9814469794) kindly necessary legal action may be taken against these accused. Thanking you, yours faithfully Sd/- Iqbal Singh 1.9.11 S/o Karnail Singh village Rajindergarh, Tehsil & District Fatehgarh Sahib 9914204213, 9417702425, 9417472555. The SSP Sahib marked the above complaint to the SHO, Police Station, City Kharar for investigation and report but above said Iqbal Singh submitted another complaint No. 1446/peshi/SSP 29/9/11, in which Iqbal Singh wrote that he wanted to get his complaint investigated from Economic Offences Wing, Mohali which was marked by inspector Pritam Singh Incharge Economic Offence Wing to ASI Phool Chand Economic Offence Wing(C) for investigation, the result of which is like this: RESULT REPORT The inquiry report made till now, statement of revenue Patwari, record and agreement to sell has been examined carefully. It has been found from the complaint and statement of the complainant that Iqbal Singh executed four agreements to sell on 8.6.2005 according to which an agreement to sell was executed with Sohan Singh regarding 58 shares (0-58 Marla) khasra No.588 in khewat/khatoni No.640/725 the land situated in Kharar to whom Rs. 10 lac were given at the time of agreement and one more agreement to sell on the same day was executed with Smt. Harinder Kaur W/o Sohan Singh S/o Amar Singh R/o Dulchi Majra, District Ropar, regarding 57 shares (0-57 Marla) in the same khasra No.588 in khewat/khatoni Number and Rs 10 lac were given to Harinder Kaur on 8.6.2005 at the time of agreement. One more agreement to sell with Mohinder Singh S/o Karam Singh House No.29, Near Government Tubewell, village Palsaura, U.T. Chandigarh with Iqbal Singh regarding 58 shares (0-58 Marla) and Mohinder Singh received Rs.10 lac at the time of agreement. Mohinder Singh previously executed this agreement with Tara Singh S/o Dharam Singh and Kamla Yashvir W/o Tara Singh R/o Tuto Majra, District Hoshiarpur regarding 115 shares (115 Marlas) out of khasra No.588 and on the same day one more agreement was executed by above said Mohinder Singh with Iqbal Singh regarding 57 shares (0-57 Marla) out of khasra No.588 and reived Rs. 10 lac at time of agreement. This agreement was previously executed by Mohinder Singh with Kamla Yashvir Singh W/o Tara Singh. Therefore, on 8.6.2005 Iqbal Singh executed 4 agreements to sell with Sohan Singh, Harinder Kaur and Mohinder Singh and paid Rs.40 lac cash. The date of Sale Deed was fixed as 16.5.2006 in all the 4 agreements and the balance amount was to be given by Iqbal Singh at the time of Sale Deed but in the meantime on 1.7.05 the Commissioner Patiala Divis