BASANT N. SINGHVI Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 439 of the Code of Criminal Procedure 1973 ('CrPC') seeking regular bail in 395/2004 under Sections 120B/193/406/409/420/467/468/471 IPC registered at Police Station Connaught Place, New Delhi.

(2.) THE Petitioner has been in judicial custody since 10th August 2004

(3.) IT is stated that the Petitioner allegedly handed over to the Complainant a copy of a judgment passed by the Special Division Bench of the Federal Labour Court of Germany to the Complainant sometime in January 2002 which upon investigation was found to be false and fabricated. The Petitioner further handed over to the Complainant a demand draft dated 3rd February 2004 for a sum of Euro Rs. 2,53,000/- purportedly issued by the Commerz Bank, Frankfurt AM Main and told her that this was consequent upon the judgment made by the German Court in her favour. Later during investigation this demand draft was also found to be forged. He also forged an affidavit dated 31st May 2001 running into 31 pages purportedly prepared on behalf of the Complainant and filed in the court of the Federal Labour Court. He also forged the deposition of an Officer of the Bank in the form of question-answer with him and counsel for Deutsche Bank, running into five sheets. He also forged a letter dated 4th June 2003 purportedly written by the German lawyer in which it was mentioned that the Court had passed a claim in favour of the Complainant. In relation to a cheque for a sum of Rs. 1.38 crores issued by the Petitioner in favour of the Complainant, she filed a criminal complaint case against him under Section 138 of the Negotiable Instruments Act 1881 ('NI Act') as the said cheque when presented for payment was dishonoured.