CHHAYA JINDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will disposed of six petitions, filed by Chhaya Jindal (Cr.Misc. M 37809 of 2012), Ashish Goyal and another (Cr.Misc. M 8090 of 2013), Jaan Paul and others (Cr.Misc. M 9575 of 2013), Manvi Jindal and others (Cr.Misc. M 22508 of 2013), Madhu Goyal and others (Cr.Misc. M 23657 of 2013) and Gouri Shanker Gupta and others (Cr.Misc. M 9045 of 2013).

(2.) The petitioners in all the above said petitions seek the concession of pre-arrest bail in FIR No. 125 dated 14.7.2011 registered u/s 420/120-B/182/211/201 IPC at P.S. City Khanna. The FIR was originally registered on the complaint of Anil Kumar Jindal, Director of M/S Rajshree Infratech Private Limited ( for short 'the Company') alleging that the said company had purchased about 90 acres of agricultural land in Village Rahon, Samrala Road Khanna in the year 2004. A dispute arose amongst the directors of the Company, headed by Gauri Shanker Gupta and the other headed by the complainant. With the help of the mediators the matter was reconciled. One stamp paper was purchased in the name of the company and the remaining five stamp papers were purchased in the names of Yadwender Singh, Anil Jindal, A.K. Mahindra, Pramjit Singh and Harpal Singh. The complainant along with Yadwender Singh and A.K. Mahindra jointly signed one blank stamp paper and the three other blank stamp papers were signed by them individually along with the continuation sheets. The said blank stamp papers were retained by the complainant at his residence in Sector 15-C, Chandigarh. The blank documents signed by the complainant, Yadvender Singh and A.K. Mahindra, were converted into an agreement of sale on 12.10.2009 by playing fraud and forgery in criminal conspiracy between Paramjit Singh and Harpal Singh in connivance with marginal witnesses. Two more agreements of sale were also fabricated on the blank papers, which were signed by the petitioner, Yadvender Singh and A.K. Mahindra. A request was made in the complaint that a criminal case of theft, cheating, fraud, fabrication and conspiracy, be registered against Paramjit Singh and Harpal Singh etc. The police looked into the matter and after obtaining opinion of D.A. Legal , it was recommended that proceedings should be initiated against Anil Kumar Jindal, AK Mahindra, Yadvender Singh and other Directors of the Company.

(3.) During the course of investigation, it transpired that Paramjit Singh and Harpal Singh Gulati, were ex-directors of the said company. The said directors and Anil Kumar Jindal and others had concocted a story in the complaint regarding blank stamp papers, with signatures having been lost and misused and that a false rapat No. 40 dated 15.12.2009 has been got registered at Sector 11 Police Station, Chandigarh and that Yadvender Singh, AK Mahindra and Anil Kumar Jindal have received a huge amount of earnest money of Rs. 3 crores and cheated the codirectors by alienating the property to their family members and close relations in order to defeat the rights of Paramjit Singh and others.