MALKIAT SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Malkiat Singh and Sukhminder Singh, petitioners seek anticipatory bail in case FIR No. 235 dated 10.8.2001 registered at Police Station focal point//ED wing Ludhiana under Section 406, 420, 506 IPC.

(2.) The Present case was registered on the written application of Mukhtiar Singh son of Jagan Singh. According to allegation made Mukhtiar Singh and his mother Surjit Kaur had executed power of attorney dated 2.1.1992 in favor of Malkiat Singh to look after their properties at Ludhiana. This power of attorney was given by the complainants as they were residing in England and were not able to look after the properties. Petitioners sold one plot of about 500 sq. yards on 21.3.1994 and another plot of about 300 sq. yards on 29.12.1994. When the complainant and his mother returned to India in June, 2001, they carve to know about these facts and the power of attorney dated 2.1.1992 was cancelled on 25.7.2001 vide letter of Advocate, Swatanter sood. Sukhminder Singh accused son of Malkiat Singh had witnessed sale deed dated 21.3.1994 and consideration amount received by Malkiat Singh was never disclosed to the complainants at any stage. It is further stated that the sale consideration of the said transaction has been misappropriated by the accused.

(3.) The case is still under investigation. Learned counsel for the petitioners while pressing the bail application has submitted that sale deeds dated 21.3.1994 and 12.12.1994 were effected by petitioner No. 1 - Malkiat Singh on the basis of valid authority conferred on him vide general power of attorney executed by the complainant and his mother and it is only on 25.7.2001 that his power of attorney was cancelled through a notice sent by Swatanter Sood, Advocate. This according to the learned counsel, falsifies the stand taken by the complainant in the report lodged by him. He has also contended that the sale consideration had been duly paid to the complainant. Authenticity of the letter dated 25.7.2001, written by Swatanter Sood, Advocate, Addressed to Malkiat Singh whereby it was intimated to him that power of attorney dated 2.1.1992 has been cancelled is not disputed. This letter has also been signed by the complainant.