SUNITA SOOD AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, I dispose of these two petitions - Criminal Misc. Nos. 25303-M and 31851 of 2000 filed under Section 438 Cr.P.C. for grant of bail in anticipation of arrest to the petitioners in these petitions with reference to F.I.R. No. 153 dated 2.7.2000 under Section 380, 411, 420, 467, 468, 471 and 120-B I.P.C. (on the complaint lodged by Sham Sunder) registered at Police Station City, Moga.

(2.) The material allegation in the F.I.R. is that complainant-Sham Sunder has been running business under the name and style M/s Sham Sunder and Co. at Moga as proprietor, while M/s Shoe World, and M/s Sham Sunder are sister concerns thereof. According to the complainant, Hira Lal was employed as a Manager with Sham Sunder and Co. at Moga, but being a confidant of the complainant, he was attending to the bank transactions of all the three firms. The complainant has alleged that Hira Lal was handed over cheque books of all the three firms containing signed blank cheques. It has further been alleged by the complainant that Vishal Madan, the son of the complainant, entrusted Rs. 2,90,000/- on 31.5.1999 to Hira Lal for depositing the same in the Bank, but Hira Lal has misappropriated the same, with regard to which Vishal Madan has lodged F.I.R. No. 57 dated 4.6.1999 at Police Station Kotwali, Ludhiana under Section 408 and 381 I.P.C. against Hira Lal. The complainant has alleged that Hira Lal who was arrested in that case had admitted during the course of investigation not only to the passing of the said amount to the 2nd petitioner-Vijay Kumar Sood, but also to have given certain stolen signed bank cheques to the 2nd petitioner-Vijay Kumar Sood.

(3.) According to the complainant, Sunita Sood (wife of Vijay Kumar Sood) and Vijay Kumar Sood (petitioners 1 and 2 herein) and Jagtar Singh have each filed a complaint under Section 138 of the Negotiable Instruments Act, on the basis of the three cheques alleged to have been issued by the complainant or his wife Rani. The complainant has alleged that these cheques are forged and fabricated documents, but have been used as genuine ones by filing the complaints, under Section 138 of the Negotiable Instruments Act, mentioned above. According to the complainant, Vijay Kumar Sood, Sunita Sood, Hira Lal, Jagtar Singh and Sunil Kumar have entered into a criminal conspiracy to forge these cheques to cheat the complainant and his wife. The complainant has further alleged that Hira Lal who had committed theft of these 3 cheques, has passed on them to Vijay Kumar Sood and others for the above said purpose.