Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 57 Ct. Cases / 1288/2025
SANJAY BATRA Vs. KHUSHMEET SINGH /0 (Prashant Vihar)
03.02.2026.
Present: Ld. counsel for the complainant (through VC)
Complainant in person.
Matter is listed for orders on the application U/s 175 (3) BNS filed by the
complainant for seeking the registration of FIR against the accused persons for the
offence u/s 314/316/318/319/336 BNS 2023 and U/s 66C IT Act 2000 and clarifications
are taken.
Brief facts of the case are that accused persons had approached the
complainant under the pretext of arranging immediate delivery of a Toyota Hycross car
from a dealer based in Jaipur, Rajasthan. They had allured the complainant with false
promises and inducement. That from August to September 2024, accused persons
induced the complainant to transfer a total amount of Rs. 32,92,275/- in various account
on the pretext of booking the car, paying dealer amounts, registrations charges,
accessories, insurance and taxes. That a substantial portion of this amount was
misappropriated and never used for the said purpose. That accused no.1 claimed that
Innova Hycross Hybrid VX (8S) 2850 Car was available in Jaipur and if the
complainant immediate pays the deposit amount, he will arrange the car delivery within
a week. Accordingly, for the said purpose, Rs. 50,000/- were transferred to M/s. Om
Metals Auto Pvt Ltd, a car dealer bases at Jaipur. Complainant has placed on record the
transactions detailed before this Court.
That after few days, at the request of accused no.1, further payment was
done from 17 August to 28 August 2024. Complainant has mentioned the details of the
same in his application. That when in the month of September 2024, no vehicle was
delivered to the complainant, he was assured that he will deliver the vehicle within 07
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days. It was told to the complainant that M/s. Om Metals Auto Pvt Ltd has cancelled the
booking and refund an amount of Rs. 2,25,000/-.
That accused no.2 took this amount from the complainant, on the pretext
that this money would be given to new car dealer, amounting to Rs. 2,25,000/- vide
cheque in favour of “Loan Suvidha” stating that said account is his OD account and he
will pay this amount to the new dealer. That complainant has paid total amount of Rs.
32,92,275/- against the value of vehicle of Rs. 28,32,775/-.
I have considered the contents of the application, transactions details filed
by the complainant and perused the bank statement of the complainant and other
documents. It has been reflecting from the case that present case is completely a
documentary in nature and complainant is in custody of all the relevant documents and
transaction details and even the identity of the accused persons are specifically in the
knowledge of the complainant.
After considering the facts in this case, Court is of the view that in this
matter, no investigation by the police is required as nothing is required to be recovered.
Accordingly, application u/s 175 (3) BNS is hereby dismissed and
complainant is at liberty to proceed u/s 223 BNS and to lead pre-summoning evidence.
Put up for PSE on 01.04.2026.
(ROHIT KUMAR)
JMFC-04/(North) Rohini Courts
Delhi/03.02.2026/Court No. 14
(S)
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