ARVIND SINGLA Vs. STATE OF UT, CHANDIGARH

JUDGEMENT

(1.) Case has been heard through video conferencing on account of COVID-19 Pandemic. : The present petition has been filed under Sec. 439 Cr.P.C. seeking regular bail on behalf of petitioner in case FIR No.133 dtd. 8/6/2021 registered under Ss. 420, 465, 467, 468, 471, 201, 120-B at Police Station Sector 26, Chandigarh.

(2.) Learned Senior counsel for the petitioner submits that the petitioner has been falsely implicated in the present case at the instance of his cousin Deepak Singla and his wife Shweta Singla, who is complainant in the present case. It is further contended that petitioner and Deepak Singla were running M/s Bell Enterprises whereas Shweta Singla was owner of M/s K.S. Enterprises. While referring to balance sheet dtd. 31/3/2016 (Annexure P-1/A) of M/s Bell Enterprises, the counsel for the petitioner submitted that said firm owed approximately Rs.4.00 crores to aforesaid M/s K.S. Enterprises and this fact clearly establishes that Deepak Singla being hand in glove with his wife Shweta Singla was causing losses to M/s Bell Enterprises and financial gains to the firm owned by his wife Shweta Singla.

(3.) The learned Senior counsel for the petitioner further contended that as per allegations in the FIR, the petitioner in connivance with his co- accused prepared forged modified partnership deed dtd. 16/6/2016, when Deepak Singla was admitted in Fortis Hospital Mohali as he sustained accidental firearm injury. It is further contended that in the FIR there are no allegations regarding fabrication of Memorandum of Understanding (in short 'MOU') dtd. 16/6/2016. The counsel for the petitioner further argued that as per the complainant she came to know about the fabrication of aforesaid modified partnership deed on 10/2/2020 when the Metropolitan Magistrate, Delhi issued non-bailable warrants against her in a criminal complaint relating to dishonour of cheque. Thereafter she lodged complaint in writing against the petitioner on 21/12/2020 and finally FIR was registered on 8/6/2021 and the petitioner was arrested on 17/6/2021 and on completion of investigation, challan was presented against the petitioner on 21/6/2021.