RAMAN UPPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is seeking grant of pre arrest bail in FIR No. 125 dated 10.6.2014 under Sections 406, 420 IPC registered at Police Station Phase I, S.A.S Nagar, District Mohali.

(2.) Brief background of the case can be gathered from the contents of the FIR No.69 dated 19.4.2012. In this FIR, petitioner Raman Uppal is the complainant. Allegations in the FIR were with regard to the fraud and forgery committed by thirteen accused with regard to the functioning of M/s International Customer Related Management Services Pvt. Ltd. (hereinafter referred to as 'the ICRMS'). Vide Annexure P-1 dated 14.5.2001, an application under Form 1-A was made to the Registrar of Companies (ROC) for allocation of a name. In this application, the first name was of Raman Uppal and the second name should have been that of Promila Rani but it was changed to the name of Jagbir Singh. Subsequently vide letter dated 21.5.2011 with the cash receipt of Rs.500/-, the petitioner was informed that the said name was made available for the registration of the Company. Subsequently vide NOC dated 15.6.2001 (Annexure P-3), the Company was incorporated in the name of Itinderjit Singh and Jagbir Singh. Moreover as per the document Annexure P-4 dated 18.6.2001, Memorandum of Association contains the signatures of Itinderjit Singh and Jagbir Singh. On 24.6.2001, Mrs. Pawanjot Gill and Sukhbir S. Shergill were inducted as Additional Directors on 18.6.2001 and 23.6.2001 respectively. In this manner, Raman Uppal was removed and in his place Jagbir Singh and Itinderjit Singh were inducted as Promoter Directors. During the course of the functioning of the Company, a dispute arose between Sukhbir S. Shergill and his wife Gurbir Kaur Shergill and two inducted Directors i.e Jatinder S. Dua and his family members. A complaint was made by Sukhbir S. Shergill before the SSP Mohali with regard to the affairs of the ICRMS. Thereafter, the matter was compromised amongst themselves and the complaints were withdrawn. The FIR No. 69 dated 19.4.2012 under Section 420, 465, 467, 468, 471, 120-B IPC (Annexure P-6) was registered through the Power of Attorney of the petitioner Mr. Deepinder Singh Dhaliwal.

(3.) As a counter blast to the registration of the FIR No. 69 dated 19.4.2012, a complaint (Annexure P-7) was made by Sukhbir S. Shergill and Jatinder S. Dua to the SSP, Mohali on 11.7.2012 alleging that the petitioner had prepared a Power of Attorney by impersonating himself to be Promoter Director of the ICRMS and appointed Deepinder Singh Dhaliwal as his attorney and got a false case registered to usurp the properties of the Company. This complaint was filed as per the report dated 8.8.2012 (Annexure P-8). Out of 13 accused in FIR No.69 dated 19.4.2012, 10 accused filed anticipatory bail applications before the Additional Sessions Judge, which were dismissed vide order dated 31.10.2012 (Annexure P-9). All the ten accused then approached this Court and their anticipatory bail applications were dismissed by this Court vide order dated 1.2.2013 (Annexure P-10). Before the Supreme Court, Sukhbir Singh Shergill and his wife Gurbir Kaur Shergill were permitted to withdraw their SLP with liberty to surrender and pray for regular bail before the Supreme Court. The written statement and affidavit was filed by U.T Administration dated 1.3.2013 (Annexure P-12). After withdrawing the SLP from the Supreme Court, Sukhbir S. Shergill and his wife Gurbir Kaur Shergill were arrested on 17.7.2013. The petitioner, thereafter, came to know that they had sold the Company to Narinder Singh, complainant in the present FIR and Rajdeep Singh. On 15.7.2013, they had been appointed as new Directors, despite the fact that Sukhbir S. Shergill and his wife Gurbir Kaur Shergill had been removed from the Company's Directorship on 29.9.2011. A subsequent FIR No. 175 dated 16.9.2013 (Annexure P- 14) was registered by the petitioner through Power of Attorney i.e Gurnihal Singh Pirzada with the allegations that Sukhbir S. Shergill and his wife Gurbir Kaur Shergill, Jeetmohinder S. Sidhu, Narinder Singh and Rajdeep Singh have conducted fraudulent transactions with regard to the affairs of ICRMS. Thereafter, FIR No. 193 dated 20.9.2013 was got registered by Rajdeep Singh and Narinder Singh under Section 420 IPC at Police Station Divisiion No. VII, Ludhiana against Sukhbir S. Shergill and his wife Gurbir Kaur Shergill alleging that they have represented themselves to be the sole owners of the ICRMS to the extent of 100% share and by concealing the correct facts and pending litigation, transferred the shares of the Company in the name of Rajdeep Singh and Narinder Singh.