JUDGMENT :

RAJESH BHARDWAJ, J.

1. Present petition has been filed praying for the grant of anticipatory bail to the petitioner in case bearing FIR No.172, dated 18.09.2025 under Sections 318(4), 336(2), 338, 336(3), 340(2) of BNS, 2023 registered at Police Station Jamalpur, District Police Commissionerate Ludhiana.

2. Succinctly the facts of the case are that the FIR was registered on the statement of complainant, namely, Sham Malhotra. It was alleged that the complainant agreed to purchase a plot measuring 421 Sq.Yards situated in village Mundian Kalan Abadi Hari Nagar, Ludhiana from Balwinder Singh (petitioner herein) and Amritpal Singh, who was a Property Dealer, mediated the said deal. Balwinder Singh executed the sale agreement dated 07.05.2025 to sell the said plot for a sum of Rs.65,50,000/-. A sum of Rs.7 Lakhs was paid as earnest money in presence of witness, namely, Parveer Singh. Another sum of Rs.8 lakh was paid to Balwinder Singh on 13.05.2025. Date for execution of sale deed was fixed for 07.02.2026. It was alleged that to ensure the complainant, a copy of sale deed bearing Vasika No.5641 dated 16.05.1995 vide which Balwinder Singh purchased the said plot as well as Jamabandi depicting Balwinder Singh to be the owner of said plot, were delivered. On 14.05.2025, complainant got cleaned the plot in question and in the meantime, on 25.05.2025 some unidentified persons came to the plot and told the complainant that they are the owner of said plot. During investigation, it was found that one Prabhjot Singh son of Charanjeet Singh was the registered owner of said plot. Prabhjot Singh produced sale deed bearing Vasika no.977 dated 20.09.2010 for plot which adjoined boundaries of plot, at spot. It was further alleged that Balwinder Singh claimed himself to be owner of impugned plot on the basis of Vasika no.5641 dated 16.05.1995. It was found that Vasika no.5641 dated 16.05.1995 pertains to property situated in village Dhandran and not village Mundian Kalan. Said Vasika was also in name of Jatinder Dhir and Gurdeep Singh and not in name of accused Balwinder Singh. Thus, felt cheated and request was made to take legal action against the accused. Thus, the FIR was registered and investigation commenced. Apprehending his arrest, the petitioner approached the Court of learned Additional Sessions Judge, Ludhiana praying for the grant of anticipatory bail. However, after hearing both the sides, finding no merit in the same, the learned Additional Sessions Judge, Ludhiana dismissed the petition filed by the petitioner vide his order dated 13.10.2025. Hence being aggrieved, the petitioner is before this Court by way of filing the present petition praying for the grant of anticipatory bail.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present case. He has submitted that prior to executing the said agreement to sell, the petitioner had got verified his ownership over his plot vide latest jamabandi dated 23.04.2025, which was attested by the concerned Halqa Patwari. Thus, the petitioner had committed no fraud with the complainant or any other person. He submits that since last 30 years, the petitioner has been the owner of the said property and till date no person had come to claim any ownership over his plot. It is submitted that no offence as alleged is made out against the petitioner and thus, submit that in the facts and circumstances, there being no prima facie case made against the petitioner, he deserves to be granted anticipatory bail.

4. Learned counsel for the complainant has vehemently opposed the submissions made on behalf of the petitioner. He submits that the land, which is the subject matter of the agreement to sell, does not belong to the petitioner. He submits that the petitioner contended before this Court that he would settle the dispute amicably with the complainant but the petitioner was never keen to settle the dispute amicably as he never app