IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR rd ON THE 3 OF NOVEMBER, 2023 MISC. CRIMINAL CASE No. 28607 of 2023 BETWEEN:-

1. KULVIR SINGH CHAHAL S/O LATE SHRI RAMPAL SINGH CHAHAL, AGED ABOUT 55 YEARS, R/O PATIYALA CHOWK, JIND, (HARYANA)

2. SIDDHARTH CHAHAL S/O LATE SHRI SURENDRA SINGH CHAHAL, AGED ABOUT 27 YEARS, HOUSE NO. 389, SECTOR -15 SONIPAT HARYANA (HARYANA)

3. ASHIM CHAHAL S/O LATE SHRI MAHAVIR SINGH CHAHAT, AGED ABOUT 34 YEARS, H.NO. E-1188, OMAXE CITY, SONIPAT HARYANA (HARYANA)

.....APPLICANT (SHRI ANKUR MAHESHWARI LEARNED COUNSEL)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION KOTWALI, SHIVPURI (MADHYA PRADESH)

.....RESPONDENTS (SHRI RAMESHWAR RAWAT, LEARNED COUNSEL FOR THE RESPONDENT [COMP].

SHRI NITTIN GOYAL, LEARNED PL), This application coming on for HEARING this day, the court passed the following:

ORDER

The SECOND bail application has been filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicants who are apprehending their arrest in Signature Not Verified Signed by: RAM KUMAR connection with Crime No.434 of 2022 registered by PS Kotwali Shivpuri Distt. Shivpuri (M.P.) for the offence punishable under Sections 420, 467, 468 and 471 of IPC. Their first application M.Cr.C.No.19846 of 2023 was dismissed as withdrawn vide order dated 12.05.2023.

A s per the case of prosecution, Rahees Khan S/o Nanno Khan submitted a written complaint to SDO (P) Shivpuri interalia alleging that, Kulvir Singh, Chahal, Siddharth Chahal and Ashish Chahal have executed an agreement to sell with regard to agricultural land situated in village Tongra, Manakpur and Malakhedi at the rate of Rs.2,50,000/- per Bigha and received advance consideration of Rs.53,00,000/- from him. Later, it was revealed that Kulvir Singh Chahal, Siddharth Chahal and Ashish Chahal have also executed an agreement to sell of part of the land in favour of Akerland Estate Pvt. Ltd. M/s Akerland Estate Pvt. Ltd. had filed a civil suit for specific performance of contract against Kulvir Singh Chahal and others before 7th ADJ, Gwalior. Complainant Rahees Khan is ready and willing to execute the sale deed. He appeared before the Sub Registrar on 31.08.2021 and 1.9.2021 with remaining part of consideration and the expenses for registry but the seller did not appear. It was further revealed to him that Kulvir Singh Chahal, Siddharth Chahal and Ashish Chahal have transferred the land comprised in agreement situated at village Tongra in favour of Sanjay Dhakad and Rajesh Dhakad for consideration of Rs.32,17,500/- and another land in favour of Susheela Dhakad and Manju Agarwal for consideration of Rs.29,58,000/- and Susheela Dhakad and Renu Agarwal for consideration of Rs.21,60,000/-.

Signature Not Verified Signed by: RAM KUMAR Kulvir Singh Chahal, Siddharth Chahal and Ashish Chahal despite receiving advance consideration amount of Rs.53,00,000/- have fraudulently transferred the land comprised in agreement in faovur of other persons thereby, cheated the complainant. After preliminary inquiry into the allegations contained in the complaint, FIR at Crime No.434 of 2022 for offence punishable U/s Sections 420, 467, 468 and 471 of IPC was registered against Kulvir Singh Chahal, Siddharth Chahal and Ashish Chahal. Statements of witnesses have been recorded. Copies of relevant documents have been seized.

Learned counsel for the applicants, in addition to the grounds mentioned in the application, submits that a civil dispute with regard to specific performance of contract of sell is given the colour of criminal prosecution. Learned counsel relying on the judgment passed by Apex Court in Sarabjit Kaur Vs. The State of Punjab and Another reported in 2023 LiveLaw (SC) 157 contends that at the most, it is a case of breach of contract which does not give rise to criminal prosecution for cheating. As per allegations contined in FIR, no fraudulent or