RADHEY SHAM SINGHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by the petitioners under Sec. 482 Cr.P.C. for quashing of the order dtd. 15/9/2022 (Annexure P-8) passed by the Additional Sessions Judge, Karnal, whereby regular bail granted to them vide order dtd. 28/8/2020 in case FIR No.260 dtd. 4/8/2020 under Ss. 120-B, 406, 420, 467, 468, 471, 506 IPC registered at Police Station Taraori, District Karnal, has been cancelled.

(2.) Brief facts of the case are that on 4/8/2020,complainant Ravi Kumar Gupta moved an application before the police alleging therein that his son Akshay aged 20 years had become permanently disabled in a road accident in the year 2017. Sandeep (petitioner No.2) induced the complainant to get his son treated from some big hospital abroad and stated that his brother-in-law RadheyShyam (petitioner No.1) and Amit Kumar, his partner are having friends and business relations in America and Australia and they would assist the complainant in getting the treatment of his son abroad. Believing petitioner No.2, complainant gave medical report of his son to him and a few days later, petitioner No.2 stated that his son would require treatment in a big hospital situated in New York City, America and he has already talked with the doctors in the hospital who had given assurance that the son of complainant would fully recover. He further stated that the treatment in America would take about one to two years and suggested that the complainant with his entire family goes to America during the said period. He assured that the complainant would only need to get visa issued and the rest of the work shall be undertaken by RadheyShyam (petitioner No.1) and Amit. He further stated that a sum of '3.5 crores would be expended in the treatment, out of which a sum of '2 crores is to be paid initially, thereafter a sum of '1 crore is to be paid and finally a sum of '50 lacs is to be paid after the treatment is completed. The said amount would include the expenses for a house, job in a company, treatment of son of complainant and issuance of Green Card to the complainant. Thereafter, in furtherance of criminal conspiracy Sandeep (petitioner No.2) introduced complainant to RadheyShyam (petitioner No.1) and Amit and stated that the three of them were running a big company in the name of S.R. Logistics. Then, all three of them assured the complainant that they were associated with various trusts and companies in connection with their business and they would use their contacts to get the work of complainant done. The complainant arranged a sum of '2 crores from his business and by borrowing from his family members and relatives and gave the said amount to Amit and Sandeep (petitioner No.2) on 10/10/2019 and receipt of the amount was also issued by said persons in presence of Kunal Chopra. The complainant was given assurance that with the help of a trust situated at Chandigarh and a company Rajesh Exports, New Delhi, belonging to a friend of the accused, they would get the entire work done. On 11/10/2019 Sandeep (petitioner No.2) told the complainant that his work had commenced and all the said persons RadheyShyam (petitioner No.1), Amit and Sandeep (petitioner No.2) showed him a mail sent by Rajesh Exports and certain papers issued by Canara Bank bearing signatures of one Amit Singh as Branch Manager in which the factum of transfer of funds '3.5 crores in the name of Prachin Shree Shiv Mandir Charitable Trust had been recorded. Thereafter, on the demand of accused the complainant arranged another sum of '1 crore from his business and relatives and handed over the same to the accused on 19/10/2019 and the accused issued a receipt even with respect to the said amount. On 29/10/2019, the visa of complainant and his family members was received and upon asking, the accused assured that the work of complainant would be completed in the month of December, 2019. However, the accused kept delaying the matter and on repeated asking, the accused called the complainant to Mumbai where he was introduced to some persons and they assured to complete the work by 15/3/2020. However, even uptil 15/3/2020, the accused did not make any progress on the work of complainant and upon inquiry, it was found that all the documents handed over by the accused to the complainant were forged. Thereafter the complainant demanded his money back from the accused, however, they threatened to kill him. In this manner, it was alleged that all the said persons in criminal conspiracy with each other had cheated him of valuable consideration amount and forged documents in order to support their act of cheating and necessary action be taken against them. On the basis of said application, aforementioned FIR was registered. Police commenced the investigation. Statements of witnesses were recorded. Petitioners-accused were arrested on 5/8/2020 and their disclosure statements were recorded in pursuance to which a sum of 70,000/- and 30,000/- was recovered at the instance of petitioners-accused respectively.

(3.) Thereafter, petitioners moved an application before the Court of learned Additional Sessions Judge, Karnal, for grant of regular bail on the basis of compromise. Consequently, on the statement of complainant-Ravi Kumar Gupta in the Court to the effect that a compromise has been effected between him and the petitioners, whereby petitionershave undertaken to make the entire payment within a period of six months, petitionerswere granted regular bail by learned Additional Sessions Judge, Karnal, vide order dtd. 28/8/2020 (Annexure P-4). However, complainant-Ravi Kumar Gupta approached the Court of learned Additional Sessions Judge, Karnal, by way of an application under Sec. 439(2) Cr.P.C. for cancellation of bail granted to the petitioner vide order dtd. 28/8/2020 alleging therein that the petitionershave violated the terms and conditions of the compromise entered into between the parties on the basis of which they secured bail with an dishonest intention. Learned Additional Sessions, Karnal, after satisfying itself that the petitionershave violated the terms and conditions of the compromise and secured bail with an dishonest intention by playing fraud upon the Court, cancelled their bail vide order dtd. 15/9/2022 (Annexure P-8). Hence, this petition.