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Factual Background:

2. Briefly stated, the facts of the case are that an FIR No.306/2020 was registered at Police Station: Lajpat Nagar, South-East District, Delhi under Sections 420/468/471/120B of the Indian Penal Code, 1860 (in short, 'IPC') on the complaint made by the Compainant- Mr.Sanjay Syal. The said complaint has been filed alleging that in the month of September 2018, the complainant had approached one Mr.Anil Seth, who was well known to him being his neighbour and running the business of property dealing in South Delhi, for purchasing a property. It is alleged that in the month of October 2018, Mr.Anil Seth introduced the complainant to Mr.Suresh Kumar Sharma @ Sham Sharma as a leading property dealer/broker. It is stated that Mr.Suresh Kumar Sharma @ Sham Sharma, in turn, mentioned about a property bearing No.50, Hemkunt Colony, New Delhi owned by one Mr.Jagdev Singh Dhillon, aged about 86 years and a resident of Canada, stating that Mr.Jagdev Singh Dhillon was desirous of selling the said property. Mr. Sharma also stated that Mr.Jagdev Singh Dhillon had executed a power of attorney dated 21.11.2018 in favour of his brother-in-law, namely, Mr.Amarjeet Singh Dhillon, the petitioner herein, for the purpose of selling the said property and further assured that Mr.Jagdev Singh Dhillon has also authorized Mr.Amarjeet Singh Dhillon to enter into an Agreement to Sell in respect of the aforesaid property and also to receive consideration for the sale of said property. The Complainant further stated that he was, thereafter, introduced to Mr.Paramjeet Singh Sandhu, Mr.Mandeep Singh Sandhu, and Mr.Jaswer Garewal, who all stated that they all know Mr.Jagdev Singh Dhillon and have close family relations with him. It is stated that they also assured the complainant that they were close friends of Mr.Amarjeet Singh Dhillon, Attorney of Mr.Jagdev Singh Dhillon. The Complainant states that believing the said representations, he agreed to purchase the abovementioned property for a total sale consideration of Rs.5,25,00,000/- by entering into an Agreement to Sell dated 03.12.2018. The Complainant claims to have paid an amount of Rs.84,50,000/- (Rs.82,50,000/- through RTGS/DD/Cheque and Rs.2,00,000/- in cash) for the purchase of the said property. The Complainant states that thereafter, he requested the petitioner herein to furnish the contact details of the owner Mr.Jagdev Singh Dhillon for confirming the receipt of the part payment as also to expedite the execution of the Sale Deed and for handing over the possession of the property. The petitioner is alleged to have provided him with an Email ID of Mr.Jagdev Singh Dhillon, on which the Complainant sent an email seeking confirmation of the receipt of the first instalment of part payment of the same consideration. It is stated that a reply was also received by the Complainant from the said Email ID. This Email ID was however, later found to be not belonging to Mr.Jagdev Singh Dhillon. The Complainant, thereafter, made requests for the execution of the Sale Deed, however, the accused assured him that this would be done in the near future as soon as Mr. Jagdev Singh Dhillon visits India. It is stated that on 26.11.2019, however, the Complainant came across a Public Notice in the Nav Bharat Times, Delhi Edition, issued on behalf of Mr.Jagdev Singh Dhillon stating that he had neither sold the said property to anyone nor had entered into an Agreement to Sell with anyone. The said Public Notice further stated that Mr. Jagdev Singh Dhillon had not issued any power attorney in respect of the said property nor has he authorized any person to enter into an agreement of sale in relation to the said property on his behalf.

Submissions of the Learned APP and the Learned Counsel for the Complainant:

14. On the other hand, the learned APP and the learned counsel for the Complainant submit that the learned Metropolitan Magistrate could not have embarked upon an inquiry as to whether a case under Section 467 of the IPC had been made out against the petitioner at the stage of considering an application seeking Statutory Bail. They submit that the investigation was going on and the statement of the owner of the said property, that is, Mr.Jagdev Singh Dhillon had been recorded, who had denied having executed the alleged Power of Attorney. They submit that public notice had also been issued on behalf of the owner of the property, denying any such Power of Attorney having been executed.