MANMINDER SINGH Vs. GOVT OF NCT DELHI

JUDGEMENT

(1.) An application under Sec. 438 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner/applicant for grant of anticipatory bail in FIR No.570/2015 under Sec. 420 IPC registered at P.S. Rajinder Nagar, Delhi. Sec. 467/468/471/466/477A/34 IPC were subsequently invoked after receiving the FSL result by the prosecution.

(2.) In brief, as per the case of prosecution, complainant (Jaspreet Singh Marwah) alleged that he is the lawful owner of property situated at Village Chhatarpur, Tehsil Mehrauli and had borrowed Rs.75.00 lacs from late Shri Dalvinder Singh (brother of petitioner/accused Manminder Singh) in the year 2003. For the security of the loan amount, he had signed and handed a Sale Deed in favour of M/s Mohindra Papers Ltd. (nominee of Dalvinder Singh). As per understanding of the parties, the Sale Deed was not registered and in order to save the stamp duty, it was prepared on old stamp papers of the year 1998 in possession of Dalvinder Singh. An amount of Rs.50.00 lacs is further claimed to have been re-paid against the borrowed loan amount until August, 2012 to Dalvinder Singh before he expired. Thereafter, his brother Manminder Singh (petitioner/accused) took over the control and avoided taking the balance payment (principal/interest amount) out of the loan amount of Rs.75.00 lacs and started interfering in the complainant's possession of the said property. M/s Nuway Organics Naturals India Ltd. is stated to be in control of M/s Mohindra Papers Ltd. after transfer of equity.

(3.) It is further the case of the prosecution that since the petitioner/accused claimed the aforesaid property on the basis of registered Sale Deed executed by the complainant in favour of M/s Mohindra Papers Ltd., he was directed to produce the original Sale Deed as well as Balance Sheet and Annual Returns of M/s Mohindra Papers Ltd. to prove the ownership of the property in question. Also, Shri R.P. Mahindra, earlier Director of M/s Mohindra Papers Ltd. was joined in investigation, who after looking at the copy of the Sale Deed denied his signatures and also stated that so long as he was the Director of the Company till 2002 since its incorporation, no purchase of the said property was made in the name of M/s Mohindra Papers Ltd.