In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 23011 of 2010 (O&M) Date of decision: 11.8.2010 V.K.Tandon ......Petitioner Versus U.T.Chandigarh .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Rahul Sharma, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 109 dated 3.6.2010 under Sections 307, 420, 466, 468, 471 and 120-B of the Indian Penal Code and Section 25 of the Arms Act, 1959, registered at Police Station Industrial Area, Chandigarh. The contents of the FIR, as reproduced in para 2 of the petition, read as under:- “That the complainant respectfully prays that the complainant is a peace loving and law abiding citizen of India. 2. That under a conspiracy to cheat accused No.1 Ajay Criminal Misc. No.M- 23011 of 2010 (O&M) -2- Pal Singh approached the complainant and offered to sell SCO No.41 Sector 29-D, Chandigarh. 3 That the complainant on being lured by the accused entered into an agreement to sell dated 2.3.2010 with Sh.Ajay Pal Singh Prampal Singh resident of V& PO Loppo, Tehsil Badhni Kala, District Moga. Punjab to purchase SCO No.41 Sector 29, Chandigarh. The copy of the same is annexed as Annexure C-1 the deal was finalized by the brokers. Accused No.2 and 3 i.e. V.K.Tandon and Sunit Sahani in their office at SCO No.66 Sector 44, Chandigarh and M/s Garg properties having its office.... Shop No.11 Sector 17-A, Chandigarh. 4 That the total consideration amount of the agreement to sell dated 2.3.2010 was Rs.1,67,00,000/- only (Rupees One crore sixty seven thousand only). The complainant paid Rs.35 lacs as earnest money (Rs.30 lacs in cash and Rs. 5 lac through bank draft to Sh.Ajay Pal Singh) at the time of entering into the agreement dated 2.3.2010. The balance amount of Rs.1,32,00,000/- was to be paid on or before 15.7.2010. the payment was made in the presence of Sh.Mussarat Khan and Ravinder Garg and Subhash Sharma and Mr.V.K.Tandon put their signatures, witnesses to the Criminal Misc. No.M- 23011 of 2010 (O&M) -3- agreement to sell dated 2.3.2010. That it is pertinent to mention that Mr.V.K.Tandon and his partner Sumit Sahani Partners in ....V.K.Tandon and company had told the complainant that Ajay Pal Singh had entered into an agreement to purchase SCO No.41, Sector 29- D, Chandigarh with original owners Sh.Surinder Pal Singh and Jatinder Pal Singh having equal shares in the property and the agreement to sell with the original owners was also entered into at the behalf of V.K. Tandon and Sumit Sahani and they will bring the original sale deed of the said property and a photocopy of the said sale deed was given to the complainant. The copy of the agreement to sell dated 3.12.2009 between Surinder Pal Singh, Jatinder Singh handed Ajay Pal Singh is annexed as Annexure C-2. 5. That a few days later Sh. Davinder Garg,Prop. of M/s Garg Properties came to the complainant and told him that the original owner of the said property had expired about four years back and Ajay Pal Singh, V.K.Tandon and Sumit Sahani had committed a fraud with the complainant. The complainant along with Ravinder Garg immediately went to V.K.Tandon's office to clarify the matter. V.K.Tandon assured the complainant that father-in-law of Ajay Pal Singh had Criminal Misc. No.M- 23011 of 2010 (O&M) -4- expired and after the bhog ceremony, they will repay the earnest money taken from the complainant at the time of entering into an agreement dated 2.3.2010. 6. That the complainant repeated requested the accused to repay the earnest money, the accused deliberately avoided the complainant and refuse to pay the earnest money. 7. That on 26.8.2010, the complainant verified the antecedents of Ajay Pal Singh and came to know that Ajay Pal Singh had defrauded the complainant by committed forgery and lured the complainant to give him Rs. 35 lacs as earnest money at the time of the agreement to sell dated 3.12.2009. The accused Ajay Pal Singh by committed forgery prepared the agreement to sell dated 3.12.2009 between the original owners of SCO No. 41, Sector 29, Chandigarh at the behest of V.K Tandon and Sumil Sahani knowing fully well that one of the partners in the property has already expired about four years back. The complainant further verified that the original owners never intended to sell the property. The accused Ajay Pal Singh in connivance with other accused V.K.Tandon and Sumil Sahani had committed an offence of cheating fraud and forgery by preparing a forged document in the shape of Criminal Misc. No.M- 23011 of 2010 (O&M) -5- agreement to sell dated 3.12.2009 thereby defrauding the complainant. 8. That the complainant after knowing that he has defrauded, tried to contact V.K.Tandon and Sumit Sahani. All the three accused were deliberately avoiding the complainant and also changed their mobile numbers so that the complainant cannot contact them. The mobile numbers which were being used by the accused persons namely Ajay Pal Singh, V.K.Tandon and Sumit Sahani are 9996066130, 9815473960 and 8054198914 respectively. 9. That the complainant kept a vigil on the office of M/s V.K.Tandon and company and suddenly on 3.4.2010 all the three accused came to their office. The complainant along with Nussarat Khan and Ravinder Garg immediately went to their office and requested them to return the earnest money as the complainant had come to know that the had been defrauded and deal was sham. 10. That heated arguments ensured between the complainant and the accused persons and Ajay Pal Singh lost his temper and pulled out a revolver and threatened to kill the complainant as well as Nussarat Khan and Ravinder Garg. The complainant Criminal Misc. No.M- 23011 of 2010 (O&M) -6- immediately left the office of M/s V.K.Tandon and company to save himself. 11. That is is pertinent to mention that V.K.Tandon's son is residing in Australia and he is planning to leave the country so it is requested that necessary action be taken against all the three accused. 12. That the complainant went to Police Station Sector 9, Chandigarh and reported the matter to the police by giving a written complaint against all the three accused dated 12.4.2010. Copy of the same is annexed as Annexure C-3. However, the police did not pay any heed to the written request of the complainant as such feeling aggrieved from the hastily ignorant and diligent attitude of the police, the complainant respectfully prays that SHO Police Station, Industrial Area I, Chandigarh may kindly be directed to lodge an FIR under Sections 307, 420, 466, 468, 471, 120-B of the Indian Penal Code and Section 25 of the Arms Act against all the three accused persons and take necessary action against them. The accused persons may be tried and punished in accordance with law.” After hearing learned counsel for the petitioner, I am of the opinion that no ground for grant of anticipatory bail to the Criminal Misc. No.M- 23011 of 2010 (O&M) -7- petitioner is made out. There are serious allegations against the petitioner that at his behest, the complainant had entered into an agreement to purchase the shop-cum-flat in question. The same was witnessed by the petitioner. Rs.35,00,000/- have been paid as earnest money. The petitioner might be required for custodial interrogation. Accordingly, this petition is dismissed. (SABINA) JUDGE August 11, 2010 anita