GURCHARAN SINGH SYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an Application for Anticipatory Bail under Section 438 Cr.PC on behalf of Petitioner/accused Gurcharan Singh Syal in FIR No.45 dated 30.03.2016, registered at Police Station Division No.3, Jalandhar under Sections 419, 420, 465, 467 and 468 of the IPC.

(2.) More than one year after lodging of the FIR, the Petitioner first approached the local Sessions Court at Jalandhar for grant of Anticipatory Bail on 28.6.2017. But his prayer was rejected by the Ld. Addl. Sessions Judge on 12.7.2017 vide order (Annexure P-3). He thereafter approached this Court for similar relief by way of CRM-M-25451-2017. But his aforesaid Application was rejected on merits by a Coordinate Bench on 18.7.2017 (Annexure P-4). He also filed another Petition by way of CRMM-26802-2017, which caption of the proceedings itself would suggest that the relief claimed therein was apparently different from that of Anticipatory Bail. But even that Petition was subsequently dismissed as withdrawn on submission of his Ld. Counsel.

(3.) As such, the present Petition happens to be the second one seeking Anticipatory Bail. It may be mentioned that the FIR was registered pursuant to an application on behalf of complainant being allowed under Section 156 (3) Cr.PC and the material allegations against the Petitioner therein were that he in his capacity of Chartered Accountant, was close to Shri Ashok Kumar Malhotra who was the Founder of MBD Group and after having won his confidence, was inducted as a Director and Share Holder in the Company 'M/s Krishna Real Estate Enterprises Private Limited'. He however, misused his position after the death of Shri Ashok Kumar Malhotra and took undue advantage of the same and with the intention of usurping the control of the Company by depriving the legal heirs of late Ashok Kumar Malhotra, and passed several invalid Resolutions and filed forged, fabricated and false Form 32 with the ROC. The Company Law Board then directed Gurcharan Singh Syal and his father Prem Singh Syal to hand over the physical possession of the assets and all kinds of management of the Company to the Malhotras. It was further alleged that the Petitioner thereafter willfully disobeyed the lawful order of the Company Law Board. So the Administrator-cum-Facilitator appointed by the Company Law Board withdrew all powers from the Syals (i.e. the Petitioner and his associates), in the Board Meeting dated 15.01.2014. It was further mentioned that the Ld. Addl. District Judge, Jalandhar vide order dated 5.2.2015 had even ordered that the Petitioner Gurcharan Singh Syal and his associate Prem Singh Syal be detained in Civil Imprisonment for the period of three months as they intentionally, consciously and deliberately had not complied with the Decree/Award. It was also alleged that accused/applicant had not handed over the complete record to the Company, and he also made forged and fabricated entries in books of Account and committed fraud. So the Company filed a criminal complaint against them and after inquiry an FIR No.553 of 2014 under Sections 420, 468, 471, 406, 34 IPC was registered. It was further contended that the Petitioner had impersonated himself as Director of the complainant/Company and thereby committed fraud, since he was well aware of the fact that he no longer had any control over the affairs of the Company, but inspite of that filed a Power of Attorney on behalf of the Company, and thereby committed the aforesaid offences.