VARINDER KHANNA Vs. STATE OF UT CHANDIGARH

JUDGEMENT

(1.) CRL.M.No.33018 of 2012 Application is allowed subject to all just exceptions. CRL.M.No.M-16459 of 2012

(2.) THE present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.77, dated 14.5.2007, under Sections 420, 467, 468, 471, 120-B IPC, registered at Police Station Sector 3, Chandigarh.

(3.) BRIEF allegations against petitioner-accused are that petitioner alongwith co-accused Manoj Kumar, Munish Kumar,Vikas Bhandari and P.K.Bhandari conspired with each other to cheat complainant, who was made to part with Rs.37.50 lacs as part payment for sale of the house in question. Later on, the matter was compromised between the parties, vide compromise, Annexure P2. Present petitioner is one of the signatories to that compromise as second party and as per the compromise present petitioner alongwith Munish Kumar and Manoj Kumar agreed to repay the said amount of Rs.37.50 lacs to the complainant, out of which only Rs.7.50 lacs were paid by way of drafts. However, regarding remaining amount of Rs.33 lacs, it was agreed that the same would be paid by second party consisting of three persons including the present petitioner through bank drafts on due dates as mentioned in the compromise and, however, as a security some cheques were given by Munish Kumar and Manoj Kumar, which were bounced later on when presented by complainant, as payments were not made by bank drafts, as agreed. Thereafter the present FIR was lodged by complainant on 14.5.2007. The compromise deed is dated 3.7.2006 and the payment was to be cleared before 10.10.2006. Allegations are that an agreement was forged on behalf of real owner regarding plot in dispute in favour of petitioner on the basis of which an agreement was entered between petitioner and co-accused Munish Kumar and on the basis of the same another agreement was entered between complainant and Munish Kumar and the payment was made by complainant to Munish Kumar in furtherance of the said alleged criminal conspiracy. Though name of petitioner has been mentioned in the FIR and though he is also signatory to the compromise, Annexure P2, and however, he did not join the investigation and has been absconding. Investigation was completed and challan was afiled against co-accused. Non-bailable warrants were obtained by the Investigating Officer from the Court against the present petitioner.