ASHOK GARG AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ashok Garg and Sunil Garg, both sons of Ram Karan Garg, by way of Criminal Misc. No. 24625 of 2011 and their father Ram Karan Garg by way of Criminal Misc. No. 36083 of 2011 seek pre-arrest bail in a case registered by way of FIR No. 174 dated 21.7.2011 at Police Station Safidon, District Jind for an offence punishable under sections 406, 408, 420, 506 read with section 120-B of Indian Penal Code. Learned counsel for the petitioners has submitted that one Ram Sarup Garg had three sons, named, Ram Karan Garg, one of the petitioners, Shri Krishan Garg, the complainant and Shri Niwas, coaccused (non-applicant). Ram Karan Garg has three sons, out of whom Sunil Garg and Ashok Garg are the petitioners while Rakesh Garg is another co-accused (non-applicant). Shri Krishan Garg has a son, named, Sanjay Garg. According to him, this Sanjay Garg is the main cause of discord between the brothers and he is the problem creator.

(2.) Shri Niwas is having a son, named, Ashish Garg. According to him, the three brothers started a sheller in 1970 in partnership. In the year 2008, they formed a company and converted the partnership into a corporation. According to him, the name of the company formed by the three brothers is R.K.S.K. Overseas Private Limited (hereinafter referred to as "RKSK"). He has submitted that Annexure P2 is the Certificate of Incorporation of RKSK. According to him, the three brothers, who were partners hitherto, became directors of the company. He has further submitted that they started exporting rice to the other countries and looking to the business prospects, they floated another company in Dubai by the name of JPRL General Trading LLC, Dubai (hereinafter referred to as "JPRL"). He has further submitted that Sanjay Garg son of Shri Krishan Garg had been the managing partner of the said company.

(3.) He has further submitted that after some time, Rakesh Garg was also taken to Dubai and joined JPRL. He has further submitted that now the case is that between September, 2010 and February, 2011 RKSK exported rice to JPRL and JPRL did not make the payment of the price of the rice. He has further submitted that as dispute arose, a meeting of the directors was held which ended in a compromise (Annexure P8) dated 4.3.2011. He has further submitted that as per this compromise, which is signed by the complainant, Shri Krishan Garg and his son Sanjay Garg, a sum of Rs.5.00 crores was to be given by Shri Krishan Garg to his other two brothers, namely, Ram Karan and Shri Niwas in equal and all the assets and liabilities of the two companies were to stay with Shri Krishan Garg. According to him, Shri Krishan did not honour this compromise. He rather with the help of his son and other hired people, entered into the premises of the mill and removed about 95-100 truck loads of rice and paddy alongwith other goods as also the account books. Ram Karan Garg lodged a report in this regard to Superintendent of Police, Jind, a copy of which is Annexure P9. He has submitted that Mandi people and office bearers of Rice Millers Association intervened and persuaded Ram Karan to withdraw the complaint saying that the matter would be settled out of the court. On their persuasion, Ram Karan Garg withdrew his complaint vide Annexure P10. He has submitted that on this, the Deputy Superintendent of Police, Safidon called the parties and formed a committee of seven persons, but the complainant did not cooperate and the matter could not be solved and thereafter this FIR was lodged.