RAJINDER MOHAN Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.) has been filed for quashing of FIR No.0687 dated 22.11.2017 registered under Sections 120-B, 416, 419, 420, 467, 468, 471, 472 of the Indian Penal Code, at City Police Station Yamuna Nagar, District Yamuna Nagar.

(2.) Before proceeding further, it would be pertinent to have reference to the contents of the FIR, which is attached as Annexure P-1 with the petition and which reads as under:-

(3.) To support his claim for quashing of the FIR, learned counsel for the petitioner has submitted that the petitioner has not committed any crime as has been alleged against him in the FIR. Rather, it is the admitted case of the complainant that Properties of one M/s Parbhat General Agencies, Mumbai was put to sale by Jammun & Kashmir Bank (for short 'J & K Bank'), its loan having been declared as NPA. The Company of the complainant, namely, M/s Aastha Trading Company decided to purchase those properties; which included moveable as well as immovable properties. Accordingly, a letter dated 09.05.2005 was written on behalf of the said M/s Aastha Trading Company. Their auction bid was highest and was for an amount of Rs.4.00 crores. Therefore, M/s Aastha Trading Company enclosed a cheque for an amount of Rs.5.00 lacs and as per the terms; undertook to pay the balance of the initial amount within three days of acceptance of the offer by the J & K Bank. The offer of the M/s Aastha Trading Company having been accepted by the J & K Bank; therefore, another amount of Rs.95.00 lacs was paid by M/s Aastha Trading Company on 6th July, 2005. This cheque was signed by the complainant-Subodh Parkash himself. Still, another amount of Rs.50.00 lacs was paid for purchase of properties from the J & K Bank. However, this amount was paid from account of another Company M/s JMD Special Steel Private Limited, in which, the complainant and the brother of the present petitioner, namely, Rajiv Gaddh were the shareholders and the only owners. However, since the complainant or his company were not having a requisite funds to make the entire payment of Rs.4.00 crores for purchasing the said properties from the J & K Bank, therefore, the petitioner was approached to share the purchase of properties and to make the payment accordingly. As a result, the petitioner paid an amount of Rs.1.20 crores from the account of his own Company, namely, M/s Vikarmaditya Associates Limited. This payment was made by the petitioner on 31st Oct., 2005. On the same day, the balance amount of Rs.1.30 crores was also paid by the complainant from the account of M/s JMD Special Steep Private Limited, through a cheque signed by Rajiv Gaddh. This completed the sale price of the property, which was being purchased under the aegis of M/s Aastha Trading Company from J & K Bank.