2021 (1) TMI 135

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.... 467, 468, 471, 120-B of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Narwana City, District Jind. In CRM-M No.43349 of 2020, filed by the petitioner - Som Parkash, the following order was passed on 22.12.2020 by this Court:- "Learned counsel for the petitioner submits that as 1 of 5 per allegations in the FIR, registered at the instance of Sonu Mittal, it is stated that son of the petitioner namely Devender Kumar had entered into an agreement to sell dated 01.10.2018 for a commercial space in Mohali and received full and final payment of Rs. 18.63 lacs, however, the property was owned by the petitioner and he was in conspiracy with his son and did not execute the sale deed. Later on, son of the petiti....

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....0, was filed by the petitioner - Dharmender Kumar, which was listed on 23.12.2020 before the Co-ordinate Bench of this Court and the same was adjourned to be taken up with the present petition. Brief facts of the case as per the allegations in the FIR, registered at the instance of Sonu Mittal are that both the accused are residents of Narwana and are known to each other. The accused persons are doing the business of property dealing and they approached the complainant that they want to sell a commercial property in S.A.S. Nagar, Mohali, Punjab. It is further stated in the FIR that when the complainant asked the accused to bring the original sale deed of the property to write an agreement to sell, Dharmender told him that his father will p....

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....amount back and the complainant had the remedy to approach the Civil Court. Counsel for the State assisted by counsel for the complainant has however, opposed the prayer for bail on the ground that neither the petitioner - Som Parkash, who was granted interim bail on 22.12.2020, has joined the investigation nor the petitioner - Som Parkash has complied with his statement made before the Court that his son Dharmender will surrender before the police. Counsel for the complainant has further argued that both the accused from the very beginning had the intention to cheat the complainant from the date of agreement to sell as not only the money of the complainant has been mis-utilized but the possession of the premises which was given to the co....