KISHORE LAL CHUGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant, who is arraigned as an accused in CR No.253/2021 registered with APMC Police Station on 14 July 2021 which invoke Sections 420, 467, 468 and 471 of IPC, is apprehending his arrest in the said CR, and hence, he has approached this court.

(2.) The Applicant is a proprietor of M/s. Priyanka International and M/s.Priyadarshini Constructions Builders and Developers, engaged in business of development of land and construction in the area of Navi Mumbai and Raigad. The Applicant has two sons, Ketan Chugh and Rohit Chugh, and his son Rohit is also involved in the business of construction and operate through a partnership frm, M/s.Neeta Constructions. His sons share business relationship with the complainant and the present complaint is a outcome of the said relationship. The complainant, one Sunil Bhanushali, is also into construction and investment business and by reporting to the police station, the complainant has alleged that the Applicant has prepared a forged settlement deed -cum -declaration on 18 November 2019 and has forged his signature whereby it is projected that the settlement is efected between the two in form of full and fnal settlement.

(3.) This settlement deed-cum-declaration is the bone of contention between the parties. It bear the signature of the complainant (as the executor) and the Applicant (as the executee) in the presence of two witnesses, one Shashi Jha and Ganesh R. Kadam, Advocate. The complainant allege that the said document is fraudulent as he has never signed it and the signature is forged one. During course of investigation, statements of the witnesses have been recorded, who confrm that the complainant had signed the said document but the submission is that the Shashi Jha is employee of the Applicant and it is alleged that the Advocate is also frequently engaged by the Applicant in various proceedings and therefore, their statement cannot be relied upon.