Satish Kumar Aggarwal & Ors vs State Of Nct Of Delhi & Anr on 13 June, 2016

1. By this petition filed under Section 439(2) read with Section
482 of Cr. P.C. the petitioners seeks cancellation of bail granted to
respondent No.2 – Ms. Ashima Chopra vide order dated 13.08.2015
passed by learned CMM, Saket courts, Delhi which was confirmed by
order dated 29.09.2015 passed by learned Additional Sessions Judge,
Saket Courts.

2. The FIR in present case is registered for committing cheating
and forgery for the purpose of cheating, extortion, criminal
intimidation, criminal breach of trust, fraud and criminal conspiracy is
that the complainant Mr. Rupinder Singh Bhatia alleged that he
alongwith his wife Mrs. Rajinder Kaur are the bonafide owners of a

Crl. M.C.No. 4144/2015 Page 1 of 9
flat at 3rd floor (with terrace rights) building No.3, Block L, Lajpat
Nagar III, New Delhi. It is stated that they purchased this flat in June
2012 and registration papers were executed by Shri Rajiv Verma and
Mr. Sanjay Sachdeva who were holder of GPA of accused Ashima
Chopra, the owner of the plot. It is further stated by the complainant in
his complaint that they were shocked to know on 24.03.2014 that a
possession notice was pasted outside the building by M/s. Dewan
Housing Finance Corporation Limited under Section 13(4) of
SARFAESI Act taking symbolic possession of the flat/property, on the
ground that this land was mortgaged by the owner accused herein
Ashima Chopra with Mr. Girish Chopra (her husband) as co-borrower
with M/s. Dewan Housing Finance Corporation Limited for a loan of
Rs.6,34,31,460/- and Rs.2,13,73,227/- and as they have failed to repay
the said amount this property belongs to M/s. Dewan Housing Finance
Corporation Limited. It is alleged that the complainant has suffered
wrongful loss at the hands of accused persons. The complainant
lodged a complaint with EOW Mandir Marg Police Station and on the
basis of the complaint, present FIR was registered.

Source: Indian Kanoon

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