RAJESH GARG Vs. STATE & ANR

JUDGEMENT

(1.) By way of the present petition filed under Section 438 of the Code of Criminal Procedure, 1973 (herein referred as 'Cr.P.C.'), the petitioner seeks Anticipatory Bail in FIR No. 55/2011 under Section 420/468/471/120B of the Indian Penal Code, 1860 (hereinafter referred as 'IPC'), registered at Police Station Connaught Place, Delhi.

(2.) The brief facts of the case are that a complaint was lodged on 24.03.2011 by one Jagbir Singh/complainant, acting in the capacity of duly authorized reprsentative of M/s. Indiabulls Financial Services Limited, against the petitioner and several other accused persons. The complainant alleged that in August 2010 one Ajay Mehra/accused alongwith four other co-accused persons had approached the complainant's company for sanction of a Business Loan to a tune of Rs. 35 Lakhs and had furnished an application form along with duly executed Demand Promissory Note, Declaration and certain other documents in favour of the complainant's company. In order to further prove their credentials the accused persons had also submitted documents which include self attested photocopies of PAN Card, ITR, Registered General Power of Attorney etc. The complainant's company had sanctioned a loan amount of Rs.12,29,240/- in favour of the accused persons which was to be repaid in twenty equated monthly installments of Rs.72,781/- each. The accused persons however defaulted the very first installment which was due on 1st October 2010. On this the officials of the complainant's company visited the address provided by the accused persons but found that they had submitted false and fabricated documents as regards the ownership of the said promises which in fact belonged to some other person namely Rajesh Sharma/owner and the accused persons were merely tenants in the said property. The complainant further found that the accused persons had sought help from one Sahib Ali/co-accused to create fabricated G.P.A. and such other documents in respect of that property in order to get loan from the complainant's company. Thereafter the present petitioner approached one executive of the complainant's company on behalf of the other accused persons and offered Rs. 9 Lakhs as full and final settlement against the loan amount of Rs.12,29,240/-. The complainant alleged that all the accused persons as named in the FIR have hatched a conspiracy with malafide attention to cheat the complainant's company. Hence the present complaint.

(3.) The petitioner has previously filed an anticipatory bail application before the Court of Additional Sessions Judge and the same was dismissed vide order dated 03.07.2017.