HC grants protection from arrest to couple in cheating case, asks to deposit Rs 75L

PTI, Jun 23, 2022, 3:56 PM IST

New Delhi: The Delhi High Court has granted interim protection from arrest to a couple, who allegedly refused to execute the sale deed of their property after taking an initial amount of Rs 1.7 crore from the buyer and misappropriating it while directing them to deposit Rs 75 lakh with the court.

The court also asked the couple to maintain the status quo regarding the title and possession of the Palam Colony property worth Rs 4.50 crore.

Justice Jasmeet Singh issued notice and sought a response from the police on the two petitions by the husband and wife seeking anticipatory bail in the cheating and criminal breach of trust case and granted four weeks to the state to file a status report.

“In the meantime, subject to deposit of Rs 75 lakhs by the petitioners within two weeks from today before the Registrar General of the Delhi High Court, and subject to the petitioners maintaining status quo about title and possession of the property … and pursuant to the FIR…, the petitioners shall not be arrested till the next date of hearing,” the court said while listing the matter for further hearing on August 3.

It was alleged in the FIR that the couple initiated the process to sell their Palam Colony property, jointly owned by them, and accepted an initial amount of Rs 1.7 crore from the complainant.

It was stated that as per the ‘bayana’ receipts, the husband and wife’s shares were to be purchased for Rs 2.25 crore each.

The FIR alleged that the complainant paid Rs 1.7 crore, out of which Rs 25 lakh was paid through cheque and the balance payment was paid in cash. Thereafter, the petitioners refused to execute the sale deed and misappropriated the entire amount after which the FIR was lodged, it alleged.

The couple’s pleas, through advocate T K Nayak, said the FIR do not reveal the commission of any cognizable offense and that an entirely civil dispute has been given criminal color with the prime objective of extorting an unreasonable settlement from them.

The counsel submitted that the allegations made in the FIR were false and based on ex-facie forged documents and claimed that only Rs 25 lakh has been paid to the couple by the complainant for initiating the process of the sale of the property.