4.Learned counsel for the applicant submits that the agreement to sell, as alleged in the prosecution case, is a nullity in view of the fact that the cheque which is alleged to have been issued having a consideration amount is an unsigned cheque, thus, no agreement to sell can be legally enforced without a consideration amount. The dispute is primarily civil in nature. The applicant has been falsely implicated. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He prays for and is allowed two weeks' time to file objections/counter affidavit. 6..List on 11.9.2024. 7.Considering the above aspects of the matter, perusal of the record, the offences are triable by Magistrate, prima facie the dispute appears to be civil in nature, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. 8. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.
