S.S. Saron, J. - (1.) HEARD counsel for the parties.
(2.) THE Petitioner seeks regular bail in a case registered against him on 23.9.2010 for the offences under Sections 420 and 506 IPC. The FIR in the case has been registered on the complaint of Rama Dutta. The complainant had entered into an agreement to sell with the Petitioner and his wife. The wife of the Petitioner namely Neerja Aggarwal and Petitioner are the owners of house No. 790, Sector 28, Faridabad. They had agreed to sell the said house to the complainant Rama Dutta and his wife Smt. Sonia Dutta. The said agreement was entered into through Sh. R.K. Sharma, Property Dealer. The sale consideration was settled at a sum of Rs.72,00,000/ -and a sum of Rs.41,50,000/ -was paid as earnest money in cash as well as through cheque. The possession of the property was given to the complainant. According to the complainant, the seller had alleged that the property was free from encumbrances. However, in fact the property was under mortgage. Therefore, the sale deed could not be executed by S.K. Aggarwal (Petitioner) and he kept delaying the matter on one pretext or the other. He failed to execute the sale deed and the complainant was cheated. A civil suit seeking specific performance of the agreement is pending between the Petitioner and the complainant.
(3.) LEARNED Counsel for the Petitioner has contended that the proceedings in the trial of the case have been stayed in respect of the son of the Petitioner. It is submitted that the complainant has already filed a civil suit seeking specific performance of the agreement to sell against the Petitioner and his wife which is pending. The Petitioner was earlier granted interim bail by the learned Sessions Judge, Faridabad. However, due to ill -health, the Petitioner could not surrender within stipulated time. Thereafter, he has been arrested. The wife of the Petitioner, it is submitted, has been granted anticipatory bail by this Court vide order dated 19.1.2011 (Annexure P3).;