PAWAN KUMAR MITTAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Pawan Kumar Mittal by way of Criminal Misc. No.M-26984 of 2012, while Anuj Kumar Aggarwal and his wife Nutan Aggarwal by way of Criminal Misc. No. M-27002 of 2012 seek pre-arrest bail in a case registered by way of FIR No.112 dated 19.08.2012 at Police Station Sarabha Nagar, Tehsil and District Ludhiana City for an offence punishable under sections 420, 465, 467, 468, 471 read with section 120-B of Indian Penal Code.

(2.) While hearing the parties on September 5 th , 2012, the following submissions of learned counsel for the petitioners have been noticed by this court :

(3.) The submission of learned counsel for the complainant is that the Memorandum of Understanding (MOU) dated 22.3.1983 (Annexure P4) stands superseded by the MOU dated 1.6.2004. He has drawn my attention to the said MOU Annexure P2. He has submitted that the two brothers had common business and as the dues of the bank in the loan account increased, the complainant cleared the dues by making the payment of Rs. 257.57 lacs and got the properties released. According to him, regarding the document dated 1.6.2004, petitioner Pawan Kumar Mittal has claimed in para No. 12 of his petition that the same is fraudulent. He has then referred the court to a document, Annexure R1, written by Pawan Kumar Mittal to the Zonal Superintendent, Municipal Corporation, Sarabha Nagar, Ludhiana whereby he has given 10 reasons for cancellation of memorandum of family settlement dated 22.3.1983.