PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in a case arising out of FIR No. 164 dated 26.5.2012, registered at Police Station Zirakpur, Mohali, under Sections 420, 406, 120-B IPC.

(2.) Learned Counsel for the petitioner contends that Jivan Garg and Prince Garg are the owners and developers of Royale Empire, Peer Muchhaila, Zirakpur. They have been placing advertisements inviting applications/ bookings for allotment of flats from various persons. The complainant and her husband got booked flat No.602 in their name and another flat bearing No.702 in the name of her brother with the said firm and in all paid more than L 52.00 lacs. The said amount is stated to have been paid to Jivan Garg and Prince Garg. It is further mentioned in the FIR that in February 2012, complainant and her husband contacted Jivan Garg, Prince Garg and Pawan Garg. Pawan Garg, petitioner herein, is none else but the real brother of Jivan Garg and uncle of Prince Garg. Thereafter, they came to know that the developers have abandoned the project and have cheated the complainant and various other persons to the tune of lakhs of rupees.

(3.) It may be mentioned here that another FIR bearing No.162 dated 24.5.2012 is already registered and pending investigation against Jivan Garg and Prince Garg containing the allegations of cheating and forgery.