SANT KUMAR Vs. STATE OF U.T.

JUDGEMENT

(1.) PETITIONERS Sant Kumar, his son Hari Krishan, Randhir Singh, Jarnail Singh and Parkash Chander Pandey have sought the concession of pre- arrest bail through the instant petition under Section 438 Cr. P.C. in a case of beach of trust and cheating, registered against them at the instance of Sarwar Khan claiming himself to be the President of Society against Exploitation by Money Lenders.

(2.) AS per the allegations in the complaint, the petitioners have indulged in the illegal business of money lending, defrauding and cheating innocent and poor persons by misusing the blank documents. Petitioners 1 and 2, Upma Kakkar and Kanta Devi have been doing the business of money lending under different names. It is alleged that the modus operandi of the petitioners is that at the time of advancing loan, a large number of blank papers are got signed from the borrowers, who in general are employees of Government and semi Government Corporations, along with a number of documents from the guarantors. In case of failure of innocent persons for not acceding to the illegal and unethical demands, the financiers misused the blank documents by forging the same to file different cases against them. Inspite of the fact that the borrowers have cleared the outstanding amount, the petitioners 1 and 2 involved them in false cases in connivance with Jarnail Singh, Randhir Singh and Parkash Chander Pandey, who have filed a number of cases against the innocent persons, on the basis of false and frivolous documents. This practice has been going on in Chandigarh for the last money years. The said three persons have shown their wrong addresss in different complaints. On making inquiries under the R.T.I. Act it has transpired that the petitioners are not paying any income tax. On making similar inquiry from the District Court, Chandigarh, approximately 400 cases are found pending having been filed by the above said persons against the various citizens by misusing the blank documents i.e pronotes, blank cheques, blank loan bonds and other documents. On earlier occasion the matter had been reported to SSP chandigarh by one Bir Swaroop of Chandi Mandir by making a complaint on 8.7.2003 against the petitioners. Similarly, another complaint dated 11.4.2007 was lodged with the SSP Chandigarh for registration of FIR against the petitioners for having forged and misused the documents by giving their wrong addresses.

(3.) IN order to substantiate the arguments, two complaints filed by Randhir Singh (petitioner No. 3) against Sarwar Khan u/s 138 of the Act have been placed on record as Annexures P-6 and P-7.A copy of the civil suit for recovery of Rs. 248420/- on account of principal and interest, on the basis of a dishonoured cheque, filed against Sarwar Khan etc., has been placed record as Annexure P-8. Copies of the plaints in suits for recovery against the PWs, filed by the petitioners, have also been placed on record.