DAVINDER RAGHAV @ DAVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner seeks benefit of regular bail pending trial in FIR No.475 dated 12.10.2015, registered at Police Station Badshahpur, District Gurgaon under Sections 406 and 420-B of the Indian Penal Code (Sections 467, 468, 471 of the Indian Penal Code added subsequently).

(2.) Briefly, it may be noticed that the FIR in question came to be registered on the complaint of Vijay Kumar Aggarwal who stated himself to be authorised by M/s Benchmark Infotech Private Limited. It was stated that M/s Benchmark Infotech Private Limited is a Company duly registered and incorporated Criminal Misc. No.M-43787 of 2015 2 Criminal Misc. No.M -43787 of 2015 2 under the Companies Act, 1956. M/s M3M India Private Limited is a holding Company of M/s Benchmark Infotech Private Limited and both the Companies are stated to be into real estate development/business. The Companies are stated to have purchased various parcels of land in and around Gurgaon. As per complainant, present petitioner was working as Head of Revenue with M/s M3M Private Limited and co-accused Devinder Singh was working as 'Patwari' under his supervision and was also stated to be one of the Directors in various group/subsidiary companies. It was stated that the present petitioner i.e. Davinder Raghav and co-accused Devinder Singh used to actively participate in the purchase of land on behalf of the complainant-Company and its subsidiary/group companies. It was stated that the two afore-noticed accused were in possession of several blank signed cheques issued by the authorised signatory on behalf of the Company and such cheques had been given to facilitate urgent payments to different land owners towards purchase of land etc. and to finalise the deals. Complainant alleged that in the beginning of the year 2014, the accused in a calculated mood submitted resignation from the Company. Subsequently, in the month of April 2015, various illegal acts committed during the course of employment by the accused including the present petitioner came to the notice of the complainant-Company. One such illegal act is stated to be of having forged a Board resolution and on the strength thereof having facilitated a lease-deed of a valuable piece of land belonging to a subsidiary company in favour of Naresh Kumar i.e. real brother-in-law of the present petitioner for a paltry sum of money. In this regard, two FIRs bearing No.558 dated 6.5.2015 and No.628 dated 20.5.2015 were registered at Police Station City Gurgaon under Sections 420, 467, 468, 471 of the Indian Penal Code.

(3.) Further allegations made by the complainant are that two cheques bearing No.631342 dated 14.5.2015 and No.631343 dated 21.5.2015 signed by the then authorised signatory Shri Tarun had been presented for encashment by the accused and which were dishonoured for want of "insufficient funds". Precise allegation raised in the FIR is that co-accused Devinder Singh has misused the two blank signed cheques signed by the authorised signatory of the Company Shri Tarun and which were in his possession and issued the same in favour of the present petitioner i.e. Davinder Raghav for a sum of Rs.10 crores and Rs.15 crores respectively. Further allegation is that on the date as mentioned on these two cheques, Shri Tarun was no longer the authorised signatory as would be evident for a Board Resolution passed on 29.7.2013. In a nut-shell, accusations are with regard to criminal breach of trust and also forgery of valuable instruments.