Ram Nath v. the State

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*	**IN THE HIGH **	COURT O	**F DELHI AT NEW **	DELHI
+	BAIL APPLN. 51	5/2018
	RAM NATH		.....	Petitioner
		Through: versus	Mr. Amulya Dhingra Chauhan, Advs.	and Mr. Varun
	THE STATE		.....	Respondent
		Through:	Ms. Aashaa Tiwari,	APP for State
			with SI Praveen	Kumar, P.S.
			Mandawali.
	CORAM: HON'BLE MR.	JUSTICE A O R D E R	Mr. Alok Singh and M Advs. for R-2. .K. PATHAK	r. Ashish Goel,
	%	05.10.2018

Learned counsel for the petitioner submits that complainant has

alleged in the FIR that petitioner had agreed to sell a property bearing no. E- 39, Ganesh Nagar, Pandav Nagar Complex, Delhi-92 to him for a total sale consideration of ₹22 lacs. Complainant alleged that ₹18 lacs was paid by him to the petitioner as earnest money. However, petitioner had already sold the said property to a third party for ₹25 lacs on 23.09.2013. After a lot of persuasion by the complainant, petitioner agreed to return ₹18 lacs and accordingly issued four cheques. On presentation of these cheques the same were returned dishonoured. Learned counsel for the petitioner further submits that complainant had filed a complaint under Section 138 of the

Negotiable Instruments Act, 1881 wherein petitioner has been convicted. Revision is pending in this Court. During the pendency of Revision Petition, petitioner has paid ₹6 lacs to complainant. It is further submitted that ₹1 lac has been paid to complainant, pursuant to the order dated 12.03.2018 passed in this bail application.