RUPINDER SINGH CHATHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 438 of the Code of Criminal Procedure (Cr.P.C.) for grant of concession of anticipatory bail to the petitioner in case First Information Report No.5 dated 08.04.2015 under Sections 406, 420,465, 467, 468, 471 and 120-B of the Indian Penal Code (for short 'IPC) registered at Police Station N.R.I., Amritsar City, District Amritsar.

(2.) In the complaint lodged by Narinder Khanna, on the basis of which the First Information Report, particulars of which have been mentioned above, was registered, he had mentioned that he was an NRI and was a British citizen. Being interested in investing in real estate in India, he had transferred 3 lac pounds (GBP) in the account of Ashwani Kumar Uppal who was dealing in sale and purchase of property and had also given Rs.75 lacs to D.S. Bawa and Rs.25 lacs to Daljit Singh for buying property at DLF Galiara Jalandhar project. Out of Rs. 2.25 crore, given to Ashwani Kumar Uppal, he had paid Rs. 6,68, 626/- to DLF Jalandhar and had returned Rs. 25 lacs, but the balance amount of Rs.1,93,31,374/- which was to be paid to DLF Galiara Jalandhar was neither given to the said company nor was returned to him. When he obtained statements of his bank accounts with PNB Basant Avenue and PNB Lawrence Road, Amritsar, he was surprised to find that the entire amount lying in his account No.1339000500011982 had been withdrawn and the account had since been closed. He also learnt that the entries showing withdrawals were made in an unauthorized manner without his consent and without information to him. Cheque No.25719 worth Rs. 2,98,942/- that was to be deposited in the account of M/s Omaxe Novelty Mall was got encashed on 23.07.2007 but the amount was not transferred in the account of the company. On 31.03.2007 an amount of Rs. 16,71,188.54/- was debited from his account and same exercise was repeated a week later i.e. on 07.04.2007. Thereafter on 22.02.2007, the complainant stated that it also came to his knowledge that two cheques of Rs.1 crore each and one cheque worth Rs. 79,84,096 had been got encashed on 26.02.2007 from Model Town Branch, New Delhi by debiting to his account.

(3.) During investigation statement of witnesses were recorded and it was found that the cheques given by the complainant to Ashwani Kumar Uppal for payment to the Omaxe Novelty Mall, Amritsar company had been got encashed by him in connivance with the bank officials and the amount had been received in cash. The amount of the cheques got encashed from PNB Model Town Branch, New Delhi had also been obtained in cash illegally. Apprehending his arrest, the petitioner who was incharge of PNB Basant Avenue Branch, Amritsar at the relevant time filed an application for anticipatory bail before learned Additional Sessions Judge, which was dismissed vide order dated 28.04.2015.