Shefali Narang v. The State of Delhi

1. Vide this order, I shall dispose of an anticipatory bail application filed on behalf of the petitioner Shefali Narang under section 438 Cr.P.C. in FIR No. 149/2019 u/s. 420/406/120-B IPC.

2. Ld. Counsel for the petitioner has prayed for anticipatory bail on the ground that petitioner is innocent and has been falsely implicated in the present FIR. The petitioner is residing with her mother in a DDA Flat and has filed divorce proceedings against her husband. The husband of the petitioner is running a well reputed and prestigious gym namely “Olympia” in Greater Kailash-II, New 2019:DHC:5332 Bail Appl. no. 2342/2019 Page no.2 Delhi for the last more than 20 years. The husband of the petitioner had initially purchased the basement of the premises in question bearing no. S-569 Greater Kailash-II, New Delhi-110048 sometime in the year 1998. Later on first and second floor of the above mentioned premises was also purchased. He was in occupation of ground floor of the said premises. For the last two years due to the ongoing sealing drive, the husband of the petitioner suffered business loss. The husband of the petitioner, therefore, decided to sell the respective floors of the premises to the complainant. In accordance with the agreement to sell, certain amounts were paid by the complainant to the husband of the petitioner. The sale transaction was to be completed on or before 30.11.2018. The complainant was delaying the payment and a legal notice was also issued to him in this regard. Instead of paying the balance amount of sale consideration, the complainant in order to harass the petitioner instituted civil suit against the petitioner in respect of the said premises for specific performance and also sought injunction restraining the petitioner form selling the said premises. It is a matter of record that petitioner on 09.08.2019 got the registration of the sale-deed done in respect of her portions i.e. first and second floor in the said premises in favour of the complainant. The complainant has made payment of the necessary loan amount to the financial institution like India Bulls (Rs. Two Crores) for second floor and from Reliance Capitals (Rs. Three Crores) for second and first floor flats. No amount was paid to the petitioner. The petitioner has been falsely implicated in this case. No useful purpose Bail Appl. no. 2342/2019 Page no.3 will be served by keeping her in custody as she has no role in the commission of offence. It is submitted that petitioner is ready to join the investigation as and when required and in these circumstances, it is prayed that petitioner be granted anticipatory bail and SHO/IO be directed to release the petitioner in the event of her arrest.

3. The anticipatory bail application is opposed by Ld. APP for the State on the ground that the allegations against the petitioner are serious in nature. She is involved in offence of cheating and she in criminal conspiracy with other co-accuseds has misrepresented the status that property in question is free from all encumbrance. He has, therefore prayed for dismissal of the application.

4. I have considered the rival submissions. The FIR No. 149/19 dt 08.08.2019 u/s 420/406/120B IPC PS EOW, New Delhi was registered on the complaint of Sh. Harbhej Singh, Director M/s Harji Engineering Works Pvt Ltd. Who alleged that in August, 2018 Ms. Shefali Narang, Rahul Narag, Ms. Rachna Narang and Rajinder Narang approached him to sell their portions of property bearing No. S-569, Greater Kailash-II, New Delhi. They represented that property is free from encumbrances and there is no lien on the property. The complainant agreed to purchase the property for the total of sale consideration of Rs. 10 Crores and paid the amount of Rs. 2.08 Crores, through bank and cash to the alleged persons. He came to know that the said property was not free from encumbrances and financial institutions i.e. M/S Intec Capital Ltd., M/s Reliance Home Finance & India bulls Housing Finance have a lien over property. Thus he was cheated by the petitioner and other Bail Appl. no. 2342/2019 Page no.4 co-accuseds.

5. It is further the case of the prosecution that complainant Harbhej Singh has been examined and the original agreements executed between him and the alleged accused persons have been seized. The complainant Harbhej Singh has entered into three agreements to sell all dated 14.09.2018 for a total consideration of Rs. 10 Crores. The details of these agreements are as follows:

(i) Agreement to sell dated 14.09.18: An agreement was executed between Mrs. Shefali Narang and M/s Harji Engineering Works Pvt. Ltd. to purchase 1st floor (Rear portion), 2nd Floor (Entire floor) of property bearing no. S-569, Greater Kailash-2, New Delhi for a total sale consideration of Rs. 5 Crores.

(ii) Agreement to Sell Dated 14.09.18: An agreement was executed between Rajinder Narang, Rahul Narang & Mrs. Rachna Narang and M/s Harji Engineering Works Pvt. Ltd. to purchase basement (front portion) of property bearing no. S-569, Greater Kailash-2, New Delhi for a total consideration of Rs. 2 Crores.

(iii) Agreement to Sell dated 14.09.18: An agreement was executed between Rahul Narang and M/s Harji Engineering Works Pvt. Ltd. to purchase Ground Floor (Front portion) of property where a gym was running for a total consideration of Rs. 3 Crores.

6. It is further the case of the Prosecution that during investigation, it was revealed that alleged Rahul Narang, Shefali Narang, Rajender Narang had taken various loans from M/s Intec Capital Ltd. Reliance Home Finance and Indiabulls housing finance by mortgaging their portions of property No. S-569, Basement Side, Bail Appl. no. 2342/2019 Page no.5 Greater Kailash-2, New Delhi. As per prosecution the details of loans availed with them are as under: i). M/s Intec capital Ltd. had sanctioned an amount of Rs. 2 Crores as a loan to the borrower The Fitness Club, co-applicants Rahul Narang. Shefali Narang, Rajender Narang, M/s Olympia Fitness Pvt. Ltd. vide loan sanction letter dt. 31.07.15. property bearing No. s- 569, Basement side, Greater Kailash-2, New Delhi measuring 1000 sq. Yards was mortgaged as collateral security. ii). M/s Reliance Home Finance had sanctioned one home loan and one top up totalling Rs. 2,88,60,000/- to borrowers Rahul; Narang. property bearing No. S-569, 2nd floor (front Side). Greater kailash- 2, New Delhi, New Delhi was mortgaged. iii). Indiabulls Housing Finance had sanctioned an amount of Rs. 1.92crores as a loan to borrower Rahul Narang and his wife Shefali Narang and co-applicant M/s Olympia fitness Pvt. Ltd. through its directors. Property bearing No. S-569, 2nd floor (Rear Portion in front block), Greater Kailash-2, New Delhi was mortgaged.

6. It is further the case of the prosecution that petitioner along with other co-accuseds by a pre-planned criminal conspiracy, misrepresented to the complainant that the property is free from all encumbrances whereas they had availed multiple loans from NBFCs.

7. During investigation, a notice of u/s 41A CrPC was served upon the petitioner for joining investigation on 19.09.2019. On 19.09.2019, Mrs. Shefali Narang w/o Rahul Narang, turned up at EOW office. During examination, she informed that Harbhej Singh Bail Appl. no. 2342/2019 Page no.6 paid Rs. 89.50 Lakhs in her Federal Bank maintained at Greater Kailash-II, New Delhi. Harbhej Singh also paid Rs. 2Crores to Indiabulls and Rs. 3.[5] Crores to Reliance Home Finance. She further told that she executed Sale Deeds of first floor and second floor of property no. S-569, Greater Kailash-II, New Delhi favour of complainant Harbhej Singh.

8. The perusal of the record reveals that petitioner alongwith her family members entered into a criminal conspiracy and misrepresented the status of the property in question by stating it to be free from any lien though it was mortgaged with several NBFCs. Since this is a case of criminal conspiracy in which the petitioner, her husband and father-in-law are involved and have cheated the complainant by making false statement, no grounds for anticipatory bail are made out. The anticipatory bail application along with pending application is, therefore, dismissed.

BRIJESH SETHI, J OCTOBER 17, 2019 Amit