Sessions court upholds magistrate court's order directing police to lodge FIR in cheating case
Dec 09, 2021
New Delhi [India], December 9 : A sessions court has upheld a magistrate court order directing Delhi Police to lodge an FIR against a man, accused of cheating another man over the sale of an industrial plot.
Special Judge Ajay Kumar Jain upheld a magistrate court order dated November 27, 2021.
"Prima facie, the ingredients of cognizable offence is made out. From mere agreement to sell, it cannot be held that the present matter is a purely civil dispute. I do not find any infirmity in the impugned order passed by the Trial court. In view of the above discussion, the present revision petition stands dismissed," the Court said.
The court was hearing a revision petition filed by Shailender Bhaduria, who has challenged an order of magistrate court.
The sessions court noted that the accused Bhaduria do not appear to have taken any steps to secure the title documents in terms of the agreement to sell and hushed up the entire amount of Rs. 2 crores, and thereafter also gained Rs. 2.2 crores from the said
transaction.
In the agreement to sell dated June 20, 2019, notarized on June 29, 2019, the accused has disclosed to the complainant regarding the fact that the property in question is mortgaged with Union Bank of India for the loan amount of Rs 2,21,35,881.73/- and he will clear the loan amount and arrange the original documents within 15 days along with NOC from the bank.
There is nothing in the status report or in the present revision petition whether the accused has complied with the said undertaking in the agreement to sell. The accused admittedly took Rs 2 crores as an advance to clear the loan amount and to release the original documents from the bank but no steps appear to have been taken by the accused after taking such a huge amount from the complainant, the Court noted.
The Court also observed that on the other hand property is found to have been
sold by the bank under statutory auction process to the third party under
SARFAESI Act.
Neetu Sanan, who is director of NS Exports Pvt. Ltd. was represented by advocates
Biswajit Das and Anamika Sharma.
Brief facts as per the complaint filed are that the complainant on June 18, 2019, visited the residence of accused Shailender Bhaduria and finalised the deal for the sale of an industrial plot measuring 800 sq. mt. For Rs 7,85,000,00/-.
It is alleged in the complaint that the accused stated himself to the sole owner and will carry out the entire exercise of sale and purchase as per the requirement of the complainant and the complainant was forced to pay Rs. 51 lacs as advance payment with
the false assurance that the accused will show the original documents in the
meantime.
However, in the meanwhile, the complainant came to know from one Deepak Arora that the property is mortgaged with the bank and this fact is concealed by the accused at the time of taking money of Rs. 51 lacs, however, started pressurizing to pay another Rs. 1.49 crore.
Thereafter on June 28, 2019, the complainant made the said payment and the accused assured that he will get all the original documents, papers, title deed, clearances, etc. but the accused had not acted in consonance of his assurance and made all kinds of false promises and withheld the crucial information that it is already under the auction process of SARFAESI, 2002. The complainant said that they have been created as the accused not cleared the loan from the Union Bank of India from the amount paid to him.
