- (1.) The contour of the facts and material, which needs a necessary mention for the limited purpose of deciding the instant petition (anticipatory bail) and emanating from the record is that, petitionerHarbant Singh Bajwa son of Gurcharan Singh Bajwa and his other coaccused represented the complainant-Kulbhushan son of Mangat Rai, respondent No.2(for brevity "the complainant") that they are absolute owner in possession, competent to sell and agreed to sell the property in dispute @ Rs.10,650/- per square yards to the complainant. He executed an agreement to sell dated 28.02.2011 and received an amount of Rs.80 lacs (Rs.30 lacs at first instance + Rs.25 lacs on 15.03.2011 and Rs.25 lacs on 31.03.2011) on account of earnest money from him(complainant). The sale-deed was to be executed on or before 31.07.2011. The accused did not execute the sale-deed, despite legal notices issued by the complainant till the stipulated date of 31.07.2011. He(complainant) became suspicious and on inquiry, it revealed that in fact the accused have no concern with the property in dispute, which is owned and possessed by one Bikramjit Singh son of Bharat Inder Singh Chahal.
(2.) Levelling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that although the accused were not the owner, but the petitioner cheated the complainant, fraudulently entered into an agreement to sell, received and misappropriated an amount of Rs.80 lacs as earnest money of the complainant. In the background of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against the petitioner and his other co-accused, by virtue of FIR No.56 dated 29.08.2012, on accusation of having committed the offence punishable under Section 420 IPC, by the police of Police Station Naya Gaon, District SAS Nagar, Mohali, in the manner depicted hereinabove.
(3.) Having exercised and lost his right before the Additional Sessions Judge, now the petitioner-accused has preferred the present petition for anticipatory bail in the indicated criminal case, invoking the provisions of Section 438 Cr.P.C.;