HARKABIR SINGH SALUJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant petition has been filed under Section 438 of the Code of Criminal Procedure praying for grant of anticipatory bail to the petitioner in case FIR No. 1 dated 8.1.2014, under Sections 420/465/467/471/474 of the Indian Penal Code registered at Police Station NRI, Ludhiana City.

(2.) MR .Navkiran Singh, learned counsel appearing for the petitioner, would contend that the petitioner has been falsely implicated and the allegations contained in the FIR registered on the complaint of brother of the petitioner, namely, Navtej Singh Saluja as regards Plot No.87 -D, Bhai Randhir Singh Nagar, Ludhiana having been sold to Gobinder Kaur and Jatinder Singh on the basis of forged special power of attorney are totally unfounded. It is submitted that the property in question never existed in the name of the complainant. As per version advanced on behalf of the petitioner, his father, namely, Shri Madan Singh Saluja had given a loan to his acquaintance, namely, Shri Sunder Lal i.e. the original owner of the property in question. On account of the loan having not been re -paid, Sunder Lal had agreed to hand over the possession of the property to father of the petitioner and had assured to execute general power of attorney/special power of attorney in favour of Madan Singh Saluja or his legal representatives/legal heirs. It is further contended that since Madan Singh Saluja, at the relevant point of time, was busy in his business in Jharkhand/Bihar as also Madhya Pradesh and one Shri Surinder Singh i.e. his relative, was residing in Ludhiana, accordingly, Sunder Lal, original owner, in furtherance of the assurance furnished, had executed a power of attorney in favour of Surinder Singh on 15.10.1986. Such general power of attorney had been handed over by Surinder Singh to Madan Singh Saluja. Madan Singh Saluja is stated to have died on 2.7.1997 and even his wife Mrs.Dalip Kaur Saluja i.e. mother of the petitioner, expired on 17.12.2004. It is contended that after the demise of the parents and in pursuance to a unanimous consensus having been arrived among the family members, Surinder Singh was called upon to execute a special power of attorney in favour of the petitioner. It is against such backdrop, learned counsel contends that the special power of attorney pertaining to Plot No.87 -D, Bhai Randhir Singh Nagar, Ludhiana was duly executed by Surinder Singh in favour of Harkabir Singh Saluja i.e. the present petitioner at Ranchi on 12.4.2007.

(3.) IT is also the specific case of the petitioner that to facilitate the sale of such property, it had come to his knowledge that a verification letter of the registered special power of attorney from District Sub Registrar, Ranchi was required and, accordingly, a verification letter dated 26.8.2013, Annexure P5, pertaining to the special power of attorney in favour of the petitioner carrying the seal and signature of District Sub registrar, Ranchi had been duly produced before the Sub Registrar, Ludhiana West and only thereafter the sale -deed was executed in favour of Shri Jatinder Singh and Mrs.Gobinder Kaur based on the special power of attorney as also verification letter dated 26.8.2013.