In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-33372 of 2010 (O&M) Date of decision: 15.11.2010 Sumit Sawhney ......Petitioner Versus U.T Chandigarh .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Pankaj Bali, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 109 dated 3.6.2010, under Sections 307, 420, 466, 468, 471, 120-B and Section 467 (added later on) of the Indian Penal Code read with Section 25 of Arms Act, 1959, registered at Police Station Industrial Area, Chandigarh. The contents of the FIR (Annexure P-1) read as under:- “1) 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 Pal Singh approached the complainant and offered to sell SCO No.41 Sector 29-D, Chandigarh. 3) That the Criminal Misc. No.M-33372 of 2010 (O&M) -2- complainant on being lured by the accused entered into an agreement to sell dated 2.3.2010 with Sh.Ajay Pal Singh Parampal Singh resident of VPO Loppo, Tehsil Badhnikalan, District Moga, Punjab. To purchase SCO No.41, Sector 29-D, 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 Sumit Sawhni in their office at SCO No.56 Sector 44, Chandigarh and M/s Garg Properties having its office. In 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 lacs 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/- be paid on or before 15.7.2010 the payment was made in the presence of Sh.Mussrat Khan and Ravinder Garg and Subhash Sharma and Mr.V.K.Tandon put their signatures as witnesses to the agreement to purchase SCO No.41 Sector 24-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 Criminal Misc. No.M-33372 of 2010 (O&M) -3- owners was also entered into at the behest of V.K.Tandon and Sumit Sahni and they will bring the original sale deed of the property and a photo copy 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 and Ajay Pal Singh is annexed as Annexure C-2. 6) That a few days later Sh.Ravinder Garg prop. Of M/s Gar properties come to the complainant and hold him that the original owner of the said property had expired about four years back and Ajay Pal Singh, V.K.Tandon and Sumit Sawhney had committed fraud with the complainant the complainant along with Ravindedr 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 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. 7) 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. 8) That on 26.8.2010, the complainant verified the antecedents of Ajay Pal Singh and come to know that Ajay Pal Singh had defrauded the complainant by Criminal Misc. No.M-33372 of 2010 (O&M) -4- committing forgery and lured the complainant to give him Rs.35 lacs as Ajay Pal Singh by commit of forgery prepared the agreement to sell dated 3.12.2009 between the original owners of SCO 41 Sector 29-D Chandigarh at the behest of VK Tandon and Sumit Sawhni knowing fully to all that one of the owners in the property has already expired about four years back. The complainant further verified that the original owners never intended to sell the said property. The accused Ajay Pal Singh in connivance with other accused V.K.Tandon and Sumit Sawhney had committed an offence of cheating fraud and forgery by preparing a forged document in the same of agreement to sell dated 3.12.2009 hereby defrauding the complainant. (9) That the complainant after knowing that he has defrauded tried to contact V.K.Tandon and Sumit Sawhney. All the three accused were deliberately 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 Sawhney are 9996066130, 9815473960 and 8054198914 respectively. 10) 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 come to their office. The Criminal Misc. No.M-33372 of 2010 (O&M) -5- 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 came to know that he had been defrauded and the deal was sham. 11) That heated arguments ensued between the complainant and the accused persons and Ajay Pal Singh lost his temper and pulled out a revolver and threatened to kill me. Complainant as well as Nussarat Khan and Ravinder Garg. The complainant immediately left the office of M/s V.K.Tandon and company to save his life. 12) That it 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 the accused. 13) That the complainant went to police station Sector 9, Chandigarh and reported the matter to the police by giving a written complainant against all the three accused dated 12.4.2010. Copy of the same is annexed as Annexure C-3. However, the police did not paying heed to the written statement 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, Phase I, Chandigarh may kindly be directed to lodge an FIR under Sections 307, 420, 468, Criminal Misc. No.M-33372 of 2010 (O&M) -6- 471, 120-B of the Indian Penal Code and Section 25 of Arms Act, against all the three accused persons and taken necessary action against them.” After hearing learned counsel for the petitioner, I am of the opinion that the instant petition deserves to be dismissed. The allegations levelled against the petitioner are serious in nature. The petitioner and his co-accused have defrauded the complainant by committing forgery and allured him to give ` 35,00,000/- to the accused party. The petitioner knew fully well that one of the owners of the property had died about four years back. The original owners never intended to sell the property. When the complainant demanded his money back, Ajay Pal Singh, co-accused, pointed out a revolver at the complainant and threatened to kill him. Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of bail is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE November 15, 2010 anita