Punjab And Haryana High Court · 2023

Mr. Piyush Wadhwa, Advocate for the complainant. MANJARI NEHRU KAUL , J (ORAL)

1. Petitioner is seeking the concession of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in case FIR No.86 dated

03.03.2024 under Sections 420,467,468,471,120-B IPC, registered at Police Station DLF Sector 29, Gurugram.

2. Learned counsel for the petitioner submits that now the matter stood amicably resolved between the parties which essentially arose out of same business transactions between them. It has been submitted that the investigation in the present case is complete as challan stands presented, hence further incarceration of the petitioner who has been in custody since 09.07.2024 would serve no useful purpose.

3. Learned counsel for the petitioner submits that no doubt the following MANOJ KUMAR 2024.09.07 05:07 allegations were levelled against the petitioner by the complainant: CRM-M-42917 of 2024 #2# “To, the Deputy Commissioner of Police Gurgaon East, Subject: Complaint against Mr. Lenchu K James. Respected Sir, Krishan Kumar Antil, office I at 234, 2nd Floor City Centre, MG Road Gurgaon hereby wish to report the occurrence of a crime and request the registration of a First Information Report (FIR) in accordance with law. Please register a FIR in the facts narrated below: Mr. Lenchu K. James son of James Kuiakose (Aadhar No.2201-0221-3114, PAN No.AMPGPJ76250), Indian National, Resident of Kolathu Neclamperoor, P.O. Nellamperoor, Alappucha, Kerala-686534 whom we met via reference of our Known Mr. Vikram Singh Chahal and he (Mr. Lenchu K. James) came to our office in Gurgaon On 2ND of June 2023. Lenchu K James under a conspiracy came to our office to propose a collaboration to me to develop/constrict on the property situated at Assagaon, Goa. Details of property are as below: Property bearing Sorvey No.201, 202 sub division No.3, and measuring 1075 square meters 800 Minh khônh as "BADIM OF BAITO WADA, Bitested at ASSAGAO, Bardez, Goa. Lenchu K James assured us that he herein is the Tawfel owner and in actual physical possession of the said property and further that neither there is any other claimant nor any dispute/litigation nor there is any Other defect in the title of the Owner's herein in respect of the said property nor there is any other bar/embargo of any nature whatsoever for the Owners to deal with the said property at their discretion and are in exclusive possession of the said property and no other person or party excepting the Owners has any right, title, interest or share therein. Also, he assured is that, there are no notifications or other steps taken by any authority for the acquisition of the said property or any portion thereof under the laws relating to land acquisition and or requisition and acquisition thereof. In order to prove the above ownership rights Tenchu K James provided us document copies of the property which later turned out to be fake and insisted us to get into a collaboration agreement with him to develop on the property. He was very keen to get the agreement signed. In order to close the deal immediately he signed a term sheet of collaboration agreement on dated 2nd June 2023 at our office in Gurugram Maryana and also took an advance of 11.000/- by cash from us. After signing the term sheet of the collaboration agreement at our office in Gurgaon, thereafter we entered collaboration agreement which was signed between us and we gave him a refundable security deposit of Rs.1.00.00,000/- (Rupees One crore only).by MANOJ KUMAR 2024.09.07 05:07 CRM-M-42917 of 2024 #3# Cheque No.840294 dated 07.07.2023 Rs.12,50,000/-, Cheque No.202454 dated 07.07.2023, Rs.12.50.000/- Rs.25.00,000/- by KJG5 on dated 17.07.2023, Rs.25,00,000/- by RTGS dated

17.07.2023, Cheque No.840297 dated 27.07.2023 Rs.12.50000/-, Cheque No.202495 dated 27.07.2023 for Rs.12,50,000/-. Further to which he was supposed get the land cleared of all trees and bushes and provide us with a scanned document and original title documents of the above said land. After regular follow ups with Lenchu K James regarding the original title documents of land, he did not furnish any document to xs which made us suspicious about his conduct. On 2nd November 2023 he provided us with Sanad Documents which were issued by gram panchayat of that area. Further to which we decided to carry out our own investigation by getting in touch with the local gram panchayat of that area on 5th of November 2023. After contacting the panchayat, we learned that the said properties are under the investigation of a special investigation team (SIT) formed in January 2022 to investigate cases of land grabbing in goa. The panchayat provided us with the Sit document (annexure attached) which states that the land has been identified as a suspicious title transfer by forging a decd of succession in the year of 1993 and any further title transfer for the said properties have been freeze by the collector of goa. All these acts were in the knowledge of I.enchu K James and he concealed the information from us in order to make us to sign the collaboration agreement and cheat us of the security deposit paid against the agreement causing a wrongful loss to us and a wrongful gain to him. He intentionally hid the fact and did not discuss with us that the above said property is under SIT investigation and that his name is mentioned through the columns of esicemed daily newspaper of Goa as a member of nexus of land grabbing mafia with their complete history of post scams who forge documents purchasers/collaborators Investigating to cheat like me. Investigating further we leamed that I.enchu K James is an habitual offender and was recently served with a notice from linforcement Deparument for the crimes of land grabbing and money laundering. A lookout notice for lenchu k james has also been relcased from goa police as he is wanted in many land grabbing cases in goa. Toady on 24th November 2023, he wix be MANOJ KUMAR 2024.09.07 05:07 CRM-M-42917 of 2024 #4# visiting our office 10 propose us another piece of land which is also found out to be falscly acquired as per the documents given by the SIT (SIT REF: Mr Nidhin Valson IPS head of the SIT and advocate Mrs. Cristina Diaz.) and we fear that if we confront him of his wrong doings about the false title of the property and how he falscly became the title holder of the property by forging the documents and about how he has cheated us of the security deposit, he may threaten to hurt us and cause damage to our life and property and evade with our security deposit amount. Considering the fact that he has committed various such acts in the past and even the police has not done any investigation against him. On the basis of the above stated facts, I would request the police department to take immediate appropriate action against Mr. Lenchu K James for the crimes of cheating, criminal breach of trust, forgery, criminal intentions. As I fear he may leave the country in order to escape the Justice system. You are requested to register a FIR in the facts stated above and take criminal action against the person named above and to protect the complainant from the said person.”

4. Mr. Piyush Wadhwa, Advocate has entered appearance on behalf of the complainant and filed his power of attorney. He does not dispute the submission made by learned counsel opposite and does not oppose the prayer made for extending the concession of bail to the petitioner.

5. Learned State counsel, on instructions, has also not disputed the stage of trial and on further instructions, submits that the challan stands presented.

6. I have heard learned counsel for the parties and perused the material placed on record.

7. Taking into account the facts and circumstances as enumerated hereinabove and considering the fact that in a magisterial trial, the petitioner has been in custody since 09.07.2024, coupled with the fact that no useful purpose would be served by keeping the petitioner behind bar any further, the instant MANOJ KUMAR 2024.09.07 05:07 CRM-M-42917 of 2024 #5# petition is allowed. The petitioner be admitted to bail to the satisfaction of the trial Court/Duty Magistrate concerned.

8. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

9. Needless to add, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the same. September 06, 2024 (MANJARI NEHRU KAUL ) JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2024.09.07 05:07