GURDEEP SINGH Vs. SENIOR SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Petitioner herein against whom warrant under Section 512 Cr.P.C. has been issued in FIR No.302/2012 dated 19.11.2012 registered with Police Station, Gandhi Nagar, Jammu for commission of offences under Section 420/467/468/120-B RPC by 1st Additional Sessions Judge, Jammu, has filed the present application for cancellation of warrant and admitting him on bail.

(2.) In the bail application, it has been stated that the petitioner, being at advance and old age, is suffering from various ailments and is undergoing treatment of Doctor for the last more than 20 years of Diabetes Mellitus and Hypertensive Heart Disease; that the respondent registered a false and frivolous FIR against the petitioner along with three more persons namely, Gurbachan Singh, Bhajan Kour and Harpal Singh, who were the Managing Director and Director of the Finance Company having complete control over the management of the Finance Company where the petitioner was working as an employee, but tendered resignation in the year 2007; that the police registered an FIR initially at Police Station, Gandhi Nagar, thereafter the investigation was transferred to the Crime Branch, Jammu; that the respondent after completion of the investigation submitted the charge-sheet and is pending trial before the court of 1 st Additional Sessions Judge, Jammu. In the bail application, it has been further stated that as per the charge-sheet, there is no allegation against the petitioner and rightly so because the petitioner who tendered his resignation from the Finance Company in the year 2007 and the FIR was registered by the police on 09.11.2012 for the commission of offence under Section 420 RPC. It has been further stated that the management of Finance Company was all along being handled by the Managing Director and Director of the Finance Company who were constituting a family and after 2007, the petitioner was never associated with the affair of the Finance Company and was settled with his son who was already working outside the State in private sector, though the petitioner was having residential house and oftenly used to stay in the said house, but was never summoned by the police and he has never received any deposit from the depositor and was neither competent to do so. It is stated that petitioner undertakes to abide by all the terms and conditions which court may impose while admitting him on bail.

(3.) Objections have been filed by the respondent, stating therein that the respondent has made efforts to execute the warrants issued under Section 512 Cr.P.C, but the petitioner has not been found residing at the address given in the petition, which further establishes that the petitioner has absconded, as such, the petition deserves to be dismissed; that the petitioner has not surrendered before the Trial Court as such the proceedings under section 512 Cr.P.C could not have been recalled against the petitioner and also the petitioner has not appeared before the respondent as such avoiding the process of law for so many years; the petitioner does not deserve any concession when he has been avoiding the process of law for so many years. In the objections, it has been further stated that during the course of investigation statements of the witnesses under Section 161 Cr.P.C and under Section 164-A Cr.P.C were recorded; Ledger Books/records of the company containing deposit details, Day Books containing information about the day to day transactions of the depositors of Dutta Finance Company were seized. Record pertaining to immovable property (land and buildings) of Dutta Finance was collected from Revenue department and seized in the case. Bank details of accounts of Dutta Finance Company were also obtained from different bank branches and got frozen. It has been further stated in the objections that during the course of investigation, on the perusal of the seized record and statements of witnesses it was revealed that Gurbachan Singh Dutta, Harpal Singh Dutta, Bhajan Kour and Gurdeep Singh-petitioner herein, were running different fictitious companies under the name and style (1) Dutta Financiers India Ltd. (2) Dutta Trading Corporation, (3) Bhana Financiers India Ltd. (4) Gee-Ess-Associates, (5) Dutta Financiers and Traders and (6) Dutta Wine Trading Corporation. These companies were neither registered with the Registrar of Companies (ROC) nor with the Reserve Bank of India (RBI) except Dutta Financiers India Ltd. The Managing Director of Dutta Finance Company, namely, Harpal Singh Dutta and other Directors, namely, Gurbachan Singh Dutta, Bhajan Kour and Gurdeep Singh-petitioner had received deposits from a large number of depositors by alluring them with the promise of providing double the amount in five years and giving them 10% interest on the deposited money. Later on, in order to defraud his creditors, the Managing Director and other associated company Directors hatched criminal conspiracy and in pursuance of that they changed the name & nomenclature of companies from time to time. After accumulating about Rs.20 crores from the innocent people, the Managing Director purchased approximately 20 kanal land at Kud, 11 kanal land at Jhajjar Kotli, Jammu and a Godown at Yard No. 6 Narwal, Jammu besides 12 Nos. of tankers out of which 02 Nos. of Oil tankers bearing Registration No. JK12/2376 & JK12/2379 were also seized in the case. Further, that perusal of the record also revealed that these accused person had issued fictitious Fixed Deposit Receipts, which were neither reflected in the ledgers of the companies nor the money taken on such cash receipts was reflected in the income tax returns of balance sheets of the companies.