Crl. Misc No. M-19093 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-19093 of 2008 Date of decision : August 07, 2009 Anil Kumar and two others ....Petitioners V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Vikram Chaudhri, Advocate for the petitioners. Mr. Shailesh Gupta, DAG Punjab. Mr. R.S. Manhas, Advocate for the complainant. RAJAN GUPTA J. (ORAL) This is a petition for anticipatory bail in a case registered against the petitioners under Sections 406, 420 IPC at police station Zirakpur, District Mohali, vide FIR No. 91 dated 20.05.2008. The complaint was lodged by Jaswant Singh alleging that he parted with a sum of Rs. 40,50,000/- for purchase of plot measuring 1000 Sq. yards in Shivalik Vihar in Zirakpur. He alleged in the FIR that Directors of Shivalik Vihar Sites Private Limited were responsible for duping him. The complainant stated that on verification he had come to Crl. Misc No. M-19093 of 2008 2 know that Directors of the company had disposed of all the plots in Shivalik Vihar, Zirakpur and thus there was no plot available which could have been sold to the complainant. Thus, the accused had dishonest intention to defraud him from the very beginning. Learned counsel for the petitioners has argued that the petitioners have no role to play in the entire transaction. The allegations are against other accused as is evident from the FIR. Moreover, the company Shivalik Vihar Sites Private Limited had ceased to exist and thus the petitioners could not be said to be the Directors of the same. Learned counsel for the State has, however, vehemently opposed the contention aforesaid. He has submitted that at the time of alleged transaction i.e. 30.08.2006, the company was very much in existence and petitioners were Directors thereof. According to the counsel, the complainant was made to part with Rs.40,50,000/- by giving him a false assurance that a plot measuring 1000 Sq. yards shall be allotted to him. Learned counsel for the State has also pointed out that number of complaints have been received against the said company i.e. Shivalik Vihar Sites Private Limited. During the course of arguments learned counsel has also referred to reply filed in this case by way of affidavit of Investigating Officer of this case, Inspector Gurmeet Singh, Incharge, Economic Offences Wing, SAS Nagar in which details of FIR's registered against the petitioners and other Directors of the Company have been given. Learned counsel for the complainant has put in appearance and reiterated the arguments addressed by the State counsel. I have heard counsel for the parties and given careful thoughts to the facts of the case. Crl. Misc No. M-19093 of 2008 3 There is no dispute with the fact that the complainant parted with Rs. 40,50,000/- for allotment of plot measuring 1000 Sq. yards in Shivalik Vihar in Zirakpur. It is also not disputed that petitioners were the Directors of the said company at the relevant time. The complainant has alleged that all the plots were sold out. Thus from the very beginning the company and its Directors had a intention to defraud him as there were no plots available to be sold to him. Learned counsel for the State while referring to the facts of the case has drawn the attention of the Court to various FIRs registered against the petitioners and other Directors of the Company Shivalik Vihar Sites Private Limited. The details thereof have been given in the affidavit, which read thus:- “1. FIR No. 165 dated 28.08.2007 under Sections 406, 420 IPC P.S. Zirakpur has been not registered by Complaint Urmila Sharma W/o Late Parkash, R/o H.No. 218, Har Nathpur, Rani Bazar, Sahranpurl, which is under trial in the Court of S.D.J.M., Dera Bassi, against Harbhajan Singh son of Nand Sing, R/o 389, A.K.S. Colony Zirakpur, Director of the above mentioned Company. 2. That FIR No. 43 dated 4.03.2008 under Section 406,420 IPC, P.S. Zirakpur, was registered on the complaint of Kuldip Singh son of Kirpal Singh R/o Village Gazipur Jattan, Tehsil Dera Bassi, against Jagtar Singh, Gulab Singh and Late Sukhdev Singh Directors of the above Company- the same is under investigation. 3. That FIR No. 49 dated 18.03.2008 under Section 420 IPC P.X. Zirakpur has been got registered by complainant Jai Ram Grover son of Ram Lal House No.432-E, B.R.S.Nagar, Ludhiana against Gulab Singh, Director of the above Company – Shivalik Vihar Sites Private Ltd., Patiala Road, Zirakpur. This case is also under trial. 4. That FIR No.50 dated 19.3.2008, under Section 420, Crl. Misc No. M-19093 of 2008 4 467, 468/34 IPC, P.S. Zirakpur was got registered by Rajneesh Nanda son of Jagdish Nanda r/o 109, Shivalik Vihar, Part-II, Naya Gaon; against Harbhajan Singh Director and Jagtar Singh Ex-Directors of the above said company, and this case FIR is under investigation. 5. That FIR No.55 dated 4.4.2008 under Section 420, 120-B IPC, P.S.Zirakpur lodged by Pritam Singh son of Surain Singh r/o H.No.3311, Sector 32-D, Chandigarh against Harbhajan Singh and Gulab Singh, Directors of the above said company, and this case FIR is also under investigation. 6. That FIR No.77 dated 29.4.2008 under Section 406, 420 IPC has been got registered by Kesar singh son of Naurang Singh, r/o Khizargarh Village, Tehsil Rajpura, District Patiala, and this case FIR is also under trial. 7. FIR No.78 dated 29.4.2008 under Section 406, 420 IPC, P.S.Zirakpur, has been got registered by complainant chander Sheikhar son of M.G.Gupta, r/o 445, Sector 7, Panchkula (Haryana) against Harbhajan Singh, Gulab Singh and Anil Kumar – Directors of the above mentioned company, and this case is under investigation. 8. FIR No.205 dated 26.11.2008 u/S 406, 420, 467, 468, 471, 120-B IPC P.S.Zirakpur, has been got registered on the complaint of Major Harsimran Jit Kaur, Military Hospital, Aurangabad (Maharashtra), against Harbhajan Singh, Neelam Singh, Sukhdev singh, Ram Kaur, Manjit Kaur, Anil Kumar, Jagtar Singh and Gulab Singh, all Directors of the Shivalik Vihar Sites Pvt. Ltd., Zirakpur. This case FIR is also under investigation.” In view of the fact that number of cases have been registered against the aforesaid company and its Directors it appears that they have duped number of persons who wanted to buy plots at Shivalik Vihar at Zirakpur. This apart at the time of notice of motion on 03.09.2008, a Coordinate Bench of this Court (A.N. Jindal, J) had directed learned counsel for the petitioners to explain as to why the plot which was agreed to be transferred vide agreement dated 20.04.2007, had not been transferred in the Crl. Misc No. M-19093 of 2008 5 name of the complainant. Thereafter, time was sought by learned counsel for the petitioner on various dates to seek instructions in this regard. Almost a year has elapsed since then. Today, learned counsel prayed that the matter be heard on merits. Acceding to this prayer, I deemed it fit to hear the matter on merits. However, after hearing the case, I find that this petition is devoid of merit for the reasons given in the foregoing paragraphs. This petition for pre-arrest bail is thus hereby dismissed. August 07, 2009 (RAJAN GUPTA) Ajay JUDGE