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Madhya Pradesh High Court · body

2023 DIGILAW 796 (MP)

Amit Khandelwal v. Vishnu Gupta

2023-09-27

SATYENDRA KUMAR SINGH

body2023
ORDER 1. Case diary is available. 2. This is first application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicants, as they are apprehending their arrest in connection with Crime No.224/2023 registered at Police Station - Vidisha Dehat, District Vidisha (M.P.) for offence punishable under Sections 420, 406, 34 of IPC. 3. Prosecution case, in brief, is that Star Agro infrastructure Private Limited is having its Warehouse at village Dhaturiya, Sagar Road, Vidisha situated over land bearing survey no.338 admeasuring 2.885 hectare and survey no.340 admeasuring 0.679 hectare on which tin-shed has been installed. On 9/7/2020 complainant-Brijkishore entered into an agreement with the applicant no.2-Vishnu Gupta, who is working as Vice President in the aforesaid Company, to purchase the aforesaid lands, i.e. survey no.338 and 340, for a total consideration amount of Rs.6,11,00,000/- and out of the total consideration, an amount of Rs.51,00,000/- was also paid by the complainant as an advance consideration. However, later on when the complainant obtained the revenue documents, i.e.Khasra and Ka Patrak-B1, he found that survey no.340 admeasuring 0.679 hectare was shown as a Government land. Thereafter, the complainant demanded return of his amount, but the same was not returned by the accused persons. The Tahsildar, Vidisha vide its letter dated 4/3/2021 has also informed that the aforesaid survey no.340 admeasuring 0.679 hectare is shown as Government land (Seda) in Ka Patrak. Thus, in this manner the applicants, who are working as Director and Vice President in the aforesaid Company, in connivance with the coaccused persons, by preparing forged and fabricated documents, cheated the complainant by entering into an agreement to sale a Government land. 4. Learned counsel for the applicants submits that although applicants being the Director / Vice President and authorized signatory of the Company, namely, Star Agro Infrastructure Private Limited executed the agreement to sale of the disputed land bearing survey No.340 admeasuring 0.679 hectare situated at village Dhaturiya, Sagar Road, Vidisha, but since complainant entered into the agreement to sale with the Star Agro Infrastructure Private Limited Company, which has not been arrayed as a party to the complaint, therefore, the complaint made against the applicants is not maintainable. He referring sale deeds dated 22/10/2012 and 20/1/2014 submits that the land in dispute was initially purchased by the predecessor of the Star Agro Infrastructure Private Limited Company vide registered sale deed dated 22/10/2012, whereafter aforesaid Company purchased the same vide registered sale deed dated 20/1/2014. Admittedly, the land in dispute has been mutated in the name of aforesaid Company in the revenue records, therefore, the alleged allegation that the land in dispute belongs to Government is totally false. 4.1 Learned counsel for the applicants further referring communications made between the Star Agro Infrastructure Private Limited Company and complainant through registered e-mail in between 27/12/2020 to 31/12/2020 submits that as the limitation period of agreement to sale was going to expire on 31/12/2020 and complainant did not get executed the sale deed of either of the land bearing survey nos.338 or 340 and as per the agreement to sale, his advance money of Rs.51,00,000/- was to be confiscated, the complainant after filing a civil suit for specific performance has lodged this false and fabricated FIR just to pressurize the applicants. It is apparent from the e-mails sent by the Star Agro Infrastructure Private Limited Company that the Company was ready and willing to execute the sale deed of the undisputed land bearing survey no.338 excluding the land in dispute, even then the complainant failed to get executed the sale deed. Dispute is purely civil in nature. Alleged offences are punishable not more than seven years of imprisonment. Applicants cooperated in the investigation. Their custodial interrogation is not required. In these circumstances, applicants deserve to be enlarged on anticipatory bail. In support of his submissions, learned counsel for the applicants has relied upon the judgment passed by the Hon'ble Apex Court in the case of Sharad Kumar Sanghi Vs. Sangita Rane, (2015) 12 SCC 781 . 5. Learned counsel for the respondent/State as well as learned counsel for the complainant have vehemently opposed the prayer and submit that as per the revenue record of the years 1968-69, the land in dispute bearing survey no.340 admeasuring 0.679 hectare situated at Village Dhaturiya, Sagar Road, Vidisha was the Government land. Applicants knowing the fact that the said land was not owned by the Star Agro Infrastructure Private Limited Company, in connivance with co-accused persons entered into an agreement to sale with the complainant and took an amount of Rs.51,00,000/-. Applicants knowing the fact that the said land was not owned by the Star Agro Infrastructure Private Limited Company, in connivance with co-accused persons entered into an agreement to sale with the complainant and took an amount of Rs.51,00,000/-. After being informed, the aforesaid amount was not returned to the complainant and misappropriated. Complainant was always ready and willing to get executed the sale deed of other land bearing survey no.338 admeasuring 2.885 hectare. He has filed a suit for specific performance against the Star Agro Infrastructure Private Limited Company in this regard. Offences alleged against the applicants are serious in nature. Therefore, applicants are not entitled for anticipatory bail. 6. Heard learned counsel for both the parties and perused the record. 7. As per prosecution case itself, applicants and other co-accused persons being the authorized signatory entered into an agreement with the complainant to sale the disputed land bearing survey no.340 admeasuring 0.679 hectare alongwith land bearing survey no.338 admeasuring 2.885 hectare situated at village Dhaturiya, Sagar Road, Vidisha. Admittedly, land bearing survey no.338 was owned by the Star Agro Infrastructure Private Limited Company, while disputed land bearing survey no.340 was mutated in the revenue records in the name of the aforesaid Company. Complainant himself stated that he has filed a suit for specific performance of the agreement to sale dated 9/7/2020 against the Company. In these circumstances, considering the nature of dispute, submissions made by the learned counsel for the applicants, so also the contents of the agreement to sale dated 9/7/2020, without expressing any opinion on the merits of the case, the application is allowed. 7.1 It is directed that in the event of arrest of the applicants, they shall be released on bail upon furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) each with one surety each in the like amount to the satisfaction of the Arresting Officer for their appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure. 7.2 Certified copy as per rules.