VISHAL KAPOOR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Case is being taken up for hearing through Video Conferencing due to Covid-19 pandemic.

(2.) Learned counsel for the petitioner contends that the petitioner, has been implicated in a false case on the allegations that one Mohinder Singh, proprietor of the vehicle agency and the petitioner were hand in glove with each other in getting vehicles financed from the complainant-company on fictitious bills and on enquiry it was found that two-wheelers which had been financed were only on paper and there was no actual person in whose name the vehicle had been sold.

(3.) Learned counsel contends that the dismissal of the petition of the petitioner for pre-arrest bail by the learned Judge, Special Court, Pathankot vide order (Annexure P-5) dtd. 15/1/2021, is legally unsustainable, as it is based on the reasoning that the petitioner fraudently verified the application for loan, whereas the procedure for sanctioning of loan is that a proposal is mooted by the owner of the vehicle agency on behalf of the intended purchaser to the complainant Company whereupon the complainant-Company refers the proposal for investigation to a Field Investigator and on the basis of report of the Field Investigator, the matter is put up before the petitioner i.e. the Branch Manager who on perusal of the investigation report of the Field Investigator takes a decision as to whether the applicant fulfills the parameters stipulated in the loan application and thereafter sanctions the same and at no point of time, the petitioner i.e. the Branch Manager interacts with the loan applicant which is done exclusively by the Field Investigator i.e. employee of the complainant company other than the petitioner.