IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-1635 of 2011 Dated of decision:-04.04.2011 Dinesh Katiyar .....Petitioner Versus The State of Punjab .....Respondent Present: Mr. Balbir Singh Jaswal, Advocate for the petitioner. Mr. VPS Sidhu, Addl.A.G. Punjab. S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in case FIR No.123 registered against him on 21.07.2010 for the offences under Section 420, 465, 468 and 471 IPC at Police Station Sultanpur Lodhi, District Kapurthala. The FIR (Annexure P-1) in the case has been registered on the complaint of Ashok Kumar, who has alleged that the petitioner and other co- accused namely S.P. Kapoor, Amit Shukla, Kulbir Thakur and Mehndi all residents of Greater Noida had cheated him. The complainant was carrying on work of grocery shop at Sultanpur Lodhi, District Kapurthala. An advertisement was published in 'Dainik Bhaskar' dated 17.08.2009, in which Bharat Oil and Gas Corporation Limited had adverstised for grant of dealership/distributorship. In terms of the advertisement, the complainant got a draft prepared for an amount of Rs.1000/- and the same along with application was submitted to the aforesaid accused, including the petitioner on 28.08.2009. After receiving the draft, the accused came to the shop of the complainant at Sultanpur Lodhi and asked for CRM No.M-1635 of 2011 [2] draft of Rs.5 lacs and assured him that dealership of Bharat Oil and Gas Corporation was going to be given to him. At that time, Avtar Singh son of Gurchaman Lal and some other persons were present at the shop of the complainant. The complainant was lured by the statement of the accused. On 11.11.2009, all the accused again came to the shop of the complainant in two vehicles and a draft for an amount of Rs.5 lacs in favour of the Bharat Oil and Gas Corporation was given to them. After receiving the draft, the accused asked the complainant to come for an interview on 12.11.2009 at the Marketing Office at Noida. The complainant went to Noida on 12.11.2009, where he was allotted an agency after being selected as a dealer. A certificate in this regard was issued in his name. Thereafter, the accused vide letter dated 18.11.2009 informed the complainant that NOC from seven offices was to be taken and a sum of Rs.10,000/- was demanded as stationary charges. The complainant sent a draft of Rs.10,000/- to the accused. Thereafter, on the basis of the documents given by the aforesaid accused, the complainant purchased land and in all this an expenditure of Rs.3,50,000 had been incurred. On 11.03.2010, when the complainant was present in the office of the accused, they handed over a letter dated 11.03.2010 to him. At that time a raid was conducted by U.P. Police at the office of the accused. Thereafter, it was revealed that all the accused in connivance with each other had defrauded and cheated the complainant. They had cheated the innocent persons by misappropriating big amount after fabricating and forging the forms of the company. Three accused out of the above-said five accused were arrested by the police at the spot and the two of them along with their office employees had fled away from the spot. The letter dated 11.03.2010 which was given to the complainant was got verified along with Avtar Singh at G.T. Road Controller of Explosive Circile, Hall No.502-507, Level No.5, Block-II, Old EGO Complex, NH-IV, District Faridabad and it was verified that there is no company which was run by the aforesaid accused. In this manner, the complainant who had given Rs.8.50,000/- CRM No.M-1635 of 2011 [3] lacs had been defrauded. It may be noticed that other similar FIRs have been registered against the petitioner who is Managing Director of the company namely M/s Bharat Oil and Gas Corporation Limited, 704, Krishna Tower, 15/63 Civil Lines, Kanpur (U.P.). The petitioner has got anticipatory bail and regular bail in some cases, the orders of which are placed on record as Annexures P-2 and P-8. The petitioner was confined in Distirct Jail, Gaziabad (now in District Jail, Rewari) and he has not been produced before the Court at Kapurthala for the purposes of trial. The trial in the case is likely to take time. The prosecution is to establish and prove its case by leading evidence. The trial in the case is not progressing as the petitioner has not been produced. The prosecution has cited 14 witnesses and none has been examined till date. Even charges in the case have not been framed. Therefore, in the facts and circumstances, the petitioner, on his furnishing personal bond and two sureties, one of them should be a local surety, to the satisfaction of the learned trial Court, shall be admitted to bail. April 04, 2011 (S.S.SARON) Jyoti 1 JUDGE