RAJDEEP SINGH SANDHU Vs. U.T., CHANDIGARH

JUDGEMENT

(1.) Through this petition under Sec. 482 of Code of Criminal Procedure (in short, "Cr.P.C."), the petitioner is seeking quashing of FIR No.117 dtd. 9/10/2015 (Annexure P-2) registered under Sec. 420 of Indian Penal Code (in short, "IPC") at Police Station Sector 3, Chandigarh along final police report under Sec. 173 Cr.P.C. (Annexure P-3) as well as order dtd. 7/1/2016 (Annexure P-4).

(2.) The allegations levelled in the FIR against the petitioner are that the complainant and the petitioner are having acquaintance for the last two decades. In October, 2012, the petitioner told and introduced the complainant to invest in solar hydro electric power projects because return from said projects would be highly remunerative. On his inducement, the complainant agreed to his proposal. At that time, the petitioner got signed five blank stamp papers and disclosed that those shall be handed over to his Chartered Accountant. It is also added in the FIR as under : -

(3.) I came to know that the project was 135 kw and not 235 kw as was represented by Dr. Sandhu on checking up the value of the project I got to know that the project is worth Rs.40.00 50 lakhs only and not Rs.2.80 crores as represented by Dr. Sandhu at this stage I realized that I had been cheated and defrauded by Dr. Sandhu thereafter I confronted Dr. Sandhu and asked him to the other two projects Dr. Sandhu told me that I MW project deal had not materialized and thus the project could not be purchased the long term project could not be purchased the long term project could not be purchased the long term project sites according to him were still at the initial clearance stage but no details have been given to me till date he postponed matters and said he would have discussion with his Delhi and Pathankot partners regarding return of my investment. Thus by making false representations and false promises Dr. Sandhu has received a large sum of Rs.2.40 crores from me for making me a partner in hydro projects whereas two of these projects do not exist in the thirds project at Dharamshala I am neither a partner nor a shareholder the money handed over by me has obviously not been investment in hydro projects and had been used by Sandhu for personal usage and perhaps making personal assets. As far as the small project at Dharamshala is concerned the same is being run by accompany called Dhauladhar Hydro Systems Pvt. Ltd. On checking up from the MCA portal site I have come to know that Dr. Sandhu himself is a director and shareholder in the company along with four other persons the directors are Rajdeep Singh Sandhu, Amar Singh, Puneet Saini, Raj Kumar and Leela Devi the shareholders are Rajdeep Singh Sandhu 50g and Puneet Saini 50g photo copy of the list of shareholders and directors of Dhauladhar Hydro System Pvt. Ltd. Is appended as annexure -D, thus after receiving the money from me for the aforesaid project at Dharamshala Dr. Sandhu has not made me a directed and a shareholder at my own level and found out even in RC hydro projects were I had transferred a sum of Rs.35.00 lakhs by cheques/RTGS I have not been made a partner till date the partners of R.C. Hydro are Dr. Rajdeep Singh Sandhu, Sudesh Kumar and Ram Chand R.C. Hydro Projects even otherwise does not have any running project in its name, it is apparent that have been defrauded and cheated by Dr. Rajdeep Singh Sandhu as by making representatins of lucrative returns he induced me to deliver Rs.2.4 crores to him as my investment amounting to 25% in hydro power project according to his projected cost two of these projects do not even exist and in the third my name has been included as a partner shareholder director thus the money handed over by me to Dr. Sandhu has been misappropriated by him and no investment whatsoever has been made against my name on being confronted with these facts Dr. Sandhu has been promising me to return the amount of Rs.2.4 crore since August, 2014, I have held several meetings with him at my house as well as his house in Sector 8, Chandigarh where have been requesting him to return my money on one pretext or the other he has been post poning the matter and has not returned a single penny to me s far on 22/1/2015 Dr. Sandhu met me and my father at my house in Sector 8 Chd and undertook in writing to return the amount of Rs.2.4 crore to me he had further undertaken that on 30/1/2015 he would give us complete details as to how the money would be returned to me photocopy of the undertaking one can see that Dr. Sandhu has stated that I would be a partner in hydro power projects whereas I am neither a partner in nor a shareholder in any company/firm in these meeting I had also been requesting Dr. Sandhu to return the blank signed stamp papers handed over to him for the purpose of incorporating a company for solar power project after repeated requests Dr. Sandhu handed over two of these stamp papers on 10/1/2015 bearing Sr. Nos. 00AA813293 and 00AA813294 photo copies of these two stamp papers are appended as Annexure R Dr. Sandhu has purposely mutilated these stamp papers to hide details of the stamp vendor as well as the details on whose name these stamp papers were purchased. At the time of handing over these stamp papers to Dr. Sandhu the stamp papers contained only my signature however when to of these stamp papers were returned they also had signatures of Dr. Sandhu which seem to have been subsequently appended by him and later the signatures have been struck off three of these stamp papers are still with Dr. Sandhu and he has refused to hand over these three stamp papers. I apprehended that Dr. Sandhu will misuse these stamp papers against me even though in one of meeting Dr. Rupam Sandhu his wife had assured me that these stamp papers would not be misused by Dr. Sandhu I have no faith in him on his false representations I entreated him blank signed stamp papers which he has misappropriated and has committed criminal breach of trust. It is therefore respectfully prayed that an FIR be registered against Dr. Rajdeep Singh Sandhu and his accomplices under Ss. 403, 406, 420 and 120B of Indian Penal Code and further action may kindly be taken against them in accordance with law including arresting the accused and effecting recovery of stamp papers and the cash handed over to Dr. Rajdeep Singh Sandhu..." After receipt of the said application, the police has conducted inquiry and found that the petitioner committed offence of cheating, as such, final police report was submitted. On hearing the petitioner, a charge sheet has been framed by learned Judicial Magistrate, 1st Class, Chandigarh on 7/1/2016 for offence under Sec. 420 of Indian Penal Code.