VIJENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Tersely, the facts & material, which need a necessary mention for the limited purpose of deciding the instant petition for pre-arrest bail filed by the petitioner and emanating from the record, inter-alia, are that having hatched a criminal conspiracy, all the accused were running a fake Forex Company to invite investments in Dewish Infrastructure India Limited at HUDA Shopping Centre, Jind. Consequently, complainant Wazir Singh son of Harsawroop Singh (for brevity "the complainant") has also invested a sum of Rs. 90 lacs in the company of the accused. Ravinder Kumar, brother of the petitioner, for himself and on behalf of all the accused, has executed a written agreement as a security, in lieu of the pointed amount. They assured that in case, the invested amount along with interest was not returned, then, the complainant would be at liberty to execute and register the sale deed in respect of three acres of land, situated in village Gulkani in his name. Subsequently, it revealed that the said land belonged to Kulwant s/o Dai Ram, not to the accused.

(2.) The case of the prosecution further proceeds that when the complainant has put pressure on the accused to return his amount, then, although Ravinder Kumar, brother of petitioner, issued two cheques of Rs. 18.50 lacs, accused Kirti issued two cheques of Rs. 6.25 lacs and accused Anil Kumar issued three cheques of Rs. 30 lacs in the name of complainant, but the same were dishonoured/bounced. Thereafter, the complainant went to the accused, where petitioner Vijender Kumar met him and projected that he was working with Foreign Ministry as an officer. He was doing the business of Hawala transaction. He is looking after the financial matters of the pointed company. He assured the complainant to return the entire amount, but in vain. Instead of making payment, the accused have forcibly trespassed his house, armed with revolver and threatened the complainant with dire consequences at revolver point. Again, when the complainant visited the office of company of the accused, he came to know that they have changed the address of their office and stopped to attend the phone calls.

(3.) Levelling a variety of allegations and narrating the sequence of events in detail in the FIR, in all, the prosecution claimed that the accused have hatched a criminal conspiracy, opened a fake Forex company to invite investments in Dewish Infrastructure India Limited, cheated, prepared the forged & fabricated documents, misappropriated the amount of Rs. 90 lacs and threatened the complainant with dire consequences of elimination. In the background of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against petitioner Vijender Kumar s/o Tara Chand & his brother Ravinder Kumar, his wife Smt.Babita, Chetan Anand, Kirti Shukla and Anil Jadugar s/o Ram Kishan etc. vide FIR No.179 dated 5.3.2014(Annexure P1), on accusation of having committed the offences punishable under Sections 406, 420, 467, 468, 506 and 120-B IPC by the police of Police Station City, Jind.