GURKARAN SINGH ARORA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order of mine shall dispose of two petitions noted above, filed by the petitioners under Section 438 of the Code of Criminal Procedure (for short, 'the Cr.P.C.') seeking pre -arrest bail, in case FIR No. 31 dated 25.03.2013, registered under Sections 420, 423, 120B of the Indian Penal Code, (for short, 'the IPC') at Police Station Division No. 8 (Kailash Chowk), Ludhiana. The learned counsel for the petitioners, inter alia, contends that the dispute, which is essentially of civil nature, is inter se the family members. The account No. 003424900550 with the HDFC Bank, Mall Road Branch, Ludhiana, is a joint account in the name of family members, which could be operated by any of the joint account holders, either singly or jointly, at any stage. The allegation against the petitioners is of withdrawing an amount of Rs. 89,87,758/ - as against their share of Rs. 47,05,854/ -. He further states that in terms of order dated 22.05.2013, the excess amount allegedly withdrawn by the petitioners, stands deposited back in the account. He further states that in the civil suit filed by the Bank, injunction order has been passed, whereby his account in the State Bank of India, Gandhi Nagar Branch, Ludhiana, stands blocked. Therefore, no loss has been caused to either of the complainants.

(2.) ON the other hand, the learned State counsel, on instructions, submits that on 11.03.2013, accused Satwinderpal Singh, moved an application at the HDFC Bank, Mall Road Branch, Ludhiana, for unblocking the account in question on the pretext of transferring his share of Rs. 47,05,854/ -, to the account at SBI Gandhi Nagar Branch, Ludhiana. At 12.30 p.m., the account was unblocked. At 12.31 p.m., a cheque was presented at the Kalsi Nagar Branch, for transfer of Rs. 89,87,758/ -, to account No. 13102320002008, in the name of M/s. Amco Industrial Enterprises Ltd. At 12.38 p.m., an amount of Rs. 1,33,33,000/ - was further transferred through RTGS, to account No. 30469991500, at SBI Branch Gandhi Nagar, Ludhiana. At the same time, an amount of Rs. 90,00,000/ -, was transferred by Satwinderpal Singh Arora, in his own personal account No. 30012630072, vide cheque No. 907898. The learned counsel, therefore, contends that the modus operandi of the petitioners speaks volumes about their criminal intent of defrauding the complainants. The learned State counsel further submits that as claimed by the accused, even the amount of Rs. 47,05,854/ -, is not the actual share of the petitioners as the petitioners also owe loan liability to the Bank. He further states that merely depositing back the amount does not absolve the petitioners of the criminal act committed by them.

(3.) HEARD .