- (1.) Anil Talwar, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 87 dated 4.5.2012 at Police Station NIT, Faridabad for an offence punishable under sections 406 and 420 of Indian Penal Code.
(2.) Learned senior counsel for the petitioner has submitted that the petitioner and the complainant had been pooling their resources for starting a business in real estate. According to him, the complainant himself admits that he had issued two cheques in a sum of Rs 6.5 lacs each in the name of Maharaj Kishan Mehta, who is the owner of the property in question. According to him, the petitioner did not cheat the complainant in any manner. He drew my attention to Annexure P4, a copy of the account statement of M/s ABSTRACTIONS, House No. 413, Sector 46, Faridabad where the amount of two cheques issued in favour of Maharaj Kishan Mehta in a sum of Rs 6.50 lacs each has been debited. He has submitted that there has been transaction between the petitioner and the complainant and in order to support his submission in this regard, he referred me to Annexure P5 which is said to be a kacha receipt signed by the complainant.
(3.) All these submissions do not explain the agreement of sale (Annexure P2) dated 16.9.2010. This agreement of sale is allegedly executed by the petitioner in favour of the complainant and one Varun Sood with respect to 1/3rd share in house No. 5-D-8, New Township, Faridabad. The petitioner is not the owner of this house. This circumstance does not stand explained in the submissions made by learned senior counsel for the petitioner. The issuance of two cheques in the name of Maharaj Kishan Mehta, the owner of the property, can be explained in more than one way. It can be said that the petitioner selling his property was at liberty to receive the payment from the prospective vendee in the name of any one. He may have some liability towards Maharaj Kishan Mehta and while receiving money from the prospective vendee, he may ask him to issue the cheques in the name of the person to whom he is liable in some amount.;