TaxTMI 
TaxTMI 
2023 (1) TMI 1344
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....Penal Code, 1860(IPC). 2. The FIR was registered on a complaint made by Mohd. Wasim. It was alleged that the complainant was defrauded by the applicant and other co-accused persons. One 'Bhuvan / Bhuwan Chand' entered into an agreement with the complainant to sell the property bearing House No. C-10/442, Gali no. 10, Brijpuri, New Delhi for a sum of Rs.95 lakhs. 3. It is alleged that the said Bhuvan Chand and his associates including the applicant showed him the original documents of the said property and stated that Bhuvan Chand is the owner of the same. The complainant, on being induced by the accused persons, executed a Bayana agreement dated 08.11.2021 and paid a sum of Rs.40 lakhs as advance. He agreed to pay the balance sum of Rs.55....
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....regard is pending. 9. The application filed by the applicant under Section 438 of the CrPC was dismissed by the learned Additional Sessions Judge by order dated 08.09.2022. 10. Learned counsel for the applicant submits that as per the allegation, his role is only that he was present at the time when the complainant allegedly handed over money to the main accused, namely, Bhuwan Chand and that the applicant has signed the alleged Bayana Agreement as witness. Further, it is also alleged that the applicant has retained a sum of Rs. 19 lakhs out of Rs 40 lakhs. 11. He further submits that all the allegations levelled against the applicant are subsequent to the disclosure statement made by accused Bhuwan Chand and there is no material against....
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....concerned Trial Court. The proceedings under Section 82 of CrPC have already been initiated. 16. Prima facie, it appears that the forged documents were in fact prepared. The property, which is found to be belonging to the mother of 'Bhuvan Chand', was sought to be sold as if belonging to the accused 'Bhuvan Chand'. The applicant has not denied that he stood as a witness in the alleged agreement to sell by way of which the property was sought to be sold to the complainant. The screenshot of the video footage clearly shows the applicant counting the money being given by the complainant. 17. Arrest is a part of procedure of the investigation to secure not only the presence of the accused but also to complete investigation. The grant of pre-a....