Property Fraud In Delhi NCR 'Alarmingly Prevalent': Punjab & Haryana HC Rejects Anticipatory Bail Plea Of Man Booked For Duping Buyer Of ₹2 Crore

Observing that property frauds are "alarmingly prevalent" in Delhi-NCR, the Punjab & Haryana High Court has dismissed the anticipatory bail plea of a man accused of duping crores by falsely claiming ownership of land at a prime location in Noida.

It was alleged that the accused took Rs.2 crores by falsely claiming ownership of a prime parcel of land in Noida, allegedly belonging to another person, and enticed the complainant with promises of purchasing the property at a significantly undervalued price.

Justice Manjari Nehru Kaul in its order said, "frauds of this nature, particularly, involving properties in the NCR Delhi, are alarmingly prevalent. Unscrupulous property dealers and fraudsters often target innocent individuals, especially NRIs exploiting their trust and defrauding them of substantial amounts. Such acts, demand a stringent approach particularly when considering a prayer for anticipatory bail."

The Court was hearing the pre-arrest bail plea of one Dushyant accused under Section 419(Punishment for cheating by personation), 420(cheating), 467(Forgery of valuable security, will, etc.), 468(Forgery for purpose of cheating), 471(Using as genuine a forged document or electronic record) and 120-B (criminal conspiracy) IPC.

According to the prosecution, the petitioner, in collusion with co-accused Suresh Rahi, Saurabh Bhardwaj and Sanjay Singh, orchestrated a deliberate and fraudulent plan to defraud the complainant of an amount of Rs.2.62 crores.

It was claimed by the prosecution that all the accused including the petitioner allegedly falsely claimed ownership of land in Noida, allegedly belonging to one Sarabjit Singh, and enticed the complainant with promises of purchasing the property at a significantly undervalued price. On this pretext, the accused then allegedly extracted Rs.2 crores as commission, documented through a signed receipt.

When the complainant later discovered that the land actually belonged to T-series Company, the accused attempted to extend the deception by showcasing a different plot and fabricating new agreements. Despite repeated assurances, no registry was executed by the accused and thereafter they ceased communication leaving the complainant defrauded.

After examining the submissions, the Court noted that, "The allegations against the petitioner comes across as being very serious. They include impersonation of the actual owner of the property in question, execution of forged documents, and misappropriation of a huge amount of Rs.2.62 crores."

Justice Kaul highlighted that the petitioner is specifically named in the FIR and prima facie appears to have played a significant role in the crime in question.

His prima facie participation is further evident in the misrepresentation of ownership of plot, fabrication of documents and receipt of money under false pretences. The dispute between the parties is essentially a civil dispute is untenable as the allegations reveal a carefully planned criminal conspiracy, added the Court.

Stating that "Custodial interrogation of the petitioner is, therefore, necessary to uncover the full extent of the conspiracy, identifying all the participants in the crime in question, and understand the modus operandi employed to carry out the fraud", the Court dismissed the plea.

Case title: Dushyant v/s State of Haryana

Mr. A.D.S. Sukhija, Advocate for the petitioner.

Title: 2024 LiveLaw (PH) 408

Click here to read/download the order