GEETA UTREJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks anticipatory bail in case FIR No.266 dtd. 11/11/2017, registered at Police Station Sadar Patiala, under Ss. 406/420/120-B IPC. It may be noted that this is the second petition for grant of anticipatory bail, earlier, one having been dismissed on merits vide order dtd. 6/3/2018 (Annexure P-13) passed in CRM-M-6901-2018.

(2.) According to FIR, the petitioner, her father, one Arvind Singla and Randhir Singh are the accused. It is alleged that the father of the petitioner installed a cold store in partnership with one Satnam Singh Hasija and also executed an agreement to purchase land adjoining the cold store, owned by sarv shri Pardeep Singh and Jagtar Singh. Before commencement of construction of the cold store a dispute arose between the father of the petitioner namely Mohinder Singh Utreja and afore stated Satnam Singh Hasija. The matter was ultimately compromised and Satnam Singh Hasija withdrew from the partnership by executing a dissolution deed in writing. Thereafter, one Maninder Sharma invested Rs.63.5 lakhs in the cold store partnership and Mohinder Singh Utreja agreed that said Maninder Sharma would have 50% share in the land adjoining the cold store. The complainant was inducted as a partner in February, 2018 and he invested a sum of Rs.66.00 lakhs and a new partnership deed dtd. 15/2/2018 was executed between Mohinder Singh Utreja, Maninder Sharma and Rajiv Raheja. The partnership funds were mis-appropriated by Mohinder Singh Utreja and were siphoned off into another firm owned by the petitioner. The land adjoining the cold store was also purchased in the name of the petitioner alone. The partnership firm defaulted in paying its loan and the account was declared non-performing asset (NPA). The property of the firm was taken over by the bank and put to auction sale. Thus, Mohinder Singh Utreja in connivance with the co-accused cheated his partners and mis-appropriated the funds invested by them.

(3.) The relevant part of order dtd. 6/3/2018 (P-13) reads as follows:-