M.M.S. Bedi, J. - (1.) Petitioners seek concession of pre-arrest bail in a case registered at the instance of Nachhatar Singh alleging that he alongwith Bhupinder Singh, Ramesh Sharma had entered into an agreement of sale of 32 bighas 15 biswas in different khasra numbers with the petitioners and the petitioners agreed to sell the land at the rate of Rs.span 50 lacs per killa in favour of complainant vide agreement dated January 5, 2006, on receipt of earnest money of Rs.span 70 lacs. The date of execution of sale deed was fixed as December 20, 2006. The petitioners received a sum of Rs.span 1.23 crores by July 28, 2006 more towards the earnest money total amounting to Rs.span 1.93 crores. It is alleged in the FIR that Sushil Kumar, petitioner No.1 vide deed dated July 28, 2006 executed a power of attorney with respect to 5 bighas of land in favour of Bhupinder Singh. Some plots were demarcated. Sale deeds of some plots were executed by vendors in favour of vendees and payments were got made to the owners by the vendees. Complainants claim that they had made payment of Rs.span 2,01,50000/- to the said vendors and the said vendors paid total sum of Rs.span 3.94 crores as earnest money for which no writing was obtained. As the petitioners had no intention to get the sale deeds registered in favour of the complainants in respect of the land sold, whereas the total contract was for Rs.span 4 crores, as such they had played fraud with the complainant. The petitioners moved an application for grant of pre-arrest bail which was dismissed by the trial Court on the ground that the petitioners have received earnest money to the tune of more than Rs.span 3 crores and had failed to get the sale deed executed in favour of the purchasers as such they have misappropriated huge amount belonging to the complainant purchasers.
(2.) Learned counsel for the petitioners has submitted that the dispute is purely of civil nature on the basis of agreement of sale dated January 5, 2006 in respect of 32 bighas 15 biswas of land in favour of the complainants. It has been argued that the complainants could not comply with the terms of the agreement and instead of Rs.span 1,74,68,710, they paid only Rs.span 1.23 crores on July 28, 2006. The agreed date was May 31, 2006 but vide different agreements it was extended to January 10, 2007, January 20, 2007, January 31, 2007, February 20, 2007 and March 1, 2007. The last extension was dated February 20, 2007 till March 1, 2007. It has been argued that the petitioners have always been ready and willing to comply with the terms of the agreement of sale and allowed the complainant and his associates to execute and get registered sale deeds in favour of vendees of their choice. The power of attorney was executed in favour of Bhupinder Singh by petitioner No.1 and on the basis of said power of attorney, the complainant party executed three sale deeds, the details of which have been given in the petition. The execution of said power of attorney has been admitted in the FIR. The complainant party through Bhupinder Singh and Ramesh Kumar has received the consideration of various sale deeds by signing the sale deeds.
(3.) I have heard learned counsel for the petitioners and gone through the facts and circumstances of the given case. Vide additional affidavit dated August 20, 2012, it is apparent that the complainant party has got executed 20 sale deeds from the petitioners in the names of vendees of their choice which are dated December 20, 2006, February 1, 2007 and March 7, 2007 in favour of Sandeep Kaur, Shakuntla Rani and Tarlochan Singh etc. respectively. The petitioners claim that they have been paid in total Rs.span 2.50 crores and the complainant party has sold the property of the petitioner as per the terms of the agreement of sale and extended agreement and received consideration.;