VIJAY KHANNA AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Crl. Misc. Nos. 14283-M of 2001 and 11947-M of 2001 arising out of FIR No. 44 of 2001 at P.S. Islamabad, District Amritsar under Sections 419/420/467//468/471/120-B IPC for grant of bail under Section 438 Cr.P.C.

(2.) The allegations of the prosecution are that Rajan Khanna, petitioner forged the power of attorney of his brother, Parveen Khanna, who is residing in U.K. Thereafter, Rajan Khanna sold the plot to his nephew's wife, Mrs. Promila Khanna vide two sale deeds dated 7.9.1998 and 2.2.1999. He also forged the agreement to sell alleged to have been executed by Parveen Khanna on 25.4.1993.

(3.) Shri R.S. Cheema senior Advocate appearing for the petitioner submitted that Parveen Khanna used to send some blank papers to his brother Rajan Khanna, which were used by him. He submitted that this fact is clear from the FIR. He further submitted that dispute between the parties are of civil nature. Rajan Khanna has filed a suit for specific performance against his brother Parveen Khanna on the basis of agreement to sell. He further submitted that Parveen Khanna has also filed a suit against Promila Khanna and one Dr. Kuldip Rai, the subsequent vendor. He also submitted that these suits were filed prior to the lodging of the FIR.