Delhi Police arrest man for selling litigated property again
Jul 28, 2022
New Delhi [India], July 29 : The Economic Offences Wing of Delhi Police arrested an accused namely Zeeshan Zama Khan in a case of alleged cheating wherein he had executed an agreement to sale and purchase with regard to the property which was already under litigation for Rs 2.25 crore.
According to Delhi Police, the present case was registered on the complaint of Kadeer Ahmed who alleged therein that in January 2016, Zeeshan Zama Khan approached him and informed him that he is authorized to sell the land measuring 300 sq yards (out of total area of 600 sq yards at Shaheen Bagh, Abul Fazal Enclave Part-II Jamia Nagar Okhla, New Delhi-110025) by way of possession of SPA by owner of land Arshad Jamal Siddique, the other alleged.
Further, he assured that the land in question is also free from all sorts of encumbrances and as such induced him to purchase the same. Believing it to be true, the complainant agreed to purchase the said property for a consideration of Rs 4.20 crores. Accordingly, they entered into an Advance Receipt Cum Agreement to Sell dated February 8, 16 with respect to the sale and purchase of said property and a payment of Rs 2.25 crores was made.
Delhi Police said the Complainant paid Rs 80,00,000 in cash, one plot of cost Rs 1,35,000 sold to the accused and one flat of cost Rs 10,00,000 sold to the accused
The physical possession of the said property was to be handed over within three years with effect from the execution of the above agreement. Further balance payment was to be made within three months from the date of physical possession.
Thus, an MOU was also executed between them and a cheque of Rs 2.25 crores as security were also handed over to him. If the deal in question did not materialize, then the Complainant was to get his money back.
The accused could not finalize the deal and as such further MOU was entered between them. If the deal in question did not again materialize till February 2, 2019, then the Complainant was to get double of his money back. However, Khan handed over him a cheque of Rs 2.25 crores only. But till date, neither possession of the property has been handed over, nor his money has been returned. Moreover, Khan also hid from him pending litigations in Delhi High Court with respect to the property in question.
After a preliminary enquiry, the case under section 406/420/120B of IPC, was registered at PS EOW.
During the course of investigation, notices were issued to the accused wherein he produced a cancellation deed bearing the signatures of the Complainant and stated that by the way of aforesaid cancellation deed, the matter was settled with the Complainant and the agreement to sale and purchase executed earlier in respect of property in question was cancelled amicably.
However, the Complainant denied the execution of any such cancellation deed ever.
Therefore, the cancellation deed produced by the accused persons was sent to FSL for examination and matching of signatures and after the examination, the FSL opined that the signatures of the complainant on the cancellation deed were forged.
Thereafter, section 468/471 IPC was added in this case. During the course of investigation, the police came to know that accused may flee to Dubai and therefore, he was arrested in this case.
