Point of Law: Cheating - Anticipatory bail rejected - Applicants had obtained huge amount of loan from PNB Housing Finance Limited by preparing forged signature of complainant as manufactured documents such as Declaration Demand - Promissory Note, Power of Attorney, Disbursement Request Form, Cheque Submission Form/receipt etc. as such applicants committed grave offence and are not entitled for grant of anticipatory bail.

JUDGMENT :

Vivek Kumar Singh, J.

1. Counter affidavit filed on behalf of opposite party no. 2, is taken on record.

2. Heard Sri Mithilesh Kumar Shukla, learned counsel on behalf of applicants, Sri Sharad Kumar Srivastava, learned counsel on behalf of opposite party and Sri Sanjay Singh, learned AGA-I for the State.

3. The instant anticipatory bail application has been filed on behalf of the applicants, Gaurav Khanna and Saurabh Khanna, with a prayer to grant them anticipatory bail in Case Crime No. 0038 of 2019, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., Police Station-Kotwali ,District-Kanpur Nagar, during pendency of trial.

4. It has been contended by learned counsel on behalf of applicants that applicants have not committed any offence as mentioned in the firstinformation report lodged by the opposite party no. 2. The applicants and opposite no. 2 both are the partners of the firm in the name and style of M/s Khas Polymer. The applicants tried to get loan from the concern bank namely Punjab National Bank, the concern bank after verification of the documents and consent with the partners of the firms granted the loan of Rs. 16,85,840/-in favour of the firm on 20.11.2017.

5. The applicants as partners of the aforesaid firm have depositedinstallments of the loan amount continuously in the concern bank, thereafter some dispute arose between the applicants and opposite party no. 2, both are the partners of the aforesaid firm and had resigned from the partnership vide letter dated 06.08.2018, a copy of resignation letterdated 06.08.2018 has been annexed as Annexure no. 5 to the affidavitfiled in support of bail application.

6. It is next contended that only on account of some dispute of partnership of the aforesaid firm opposite party no. 2 illegally lodged thefirst information report against the applicants with the maae lfidintention only to harass them. The applicant nos. 1 and 2 being aggrieved with the first information report approached this Hon'ble Courtby way of the Criminal Misc. Writ Petition No. 5230 of 2019 (Gaurav Khanna Vs. State of U.P. and others) and Criminal Misc. Writ Petition No. 5280 of 2019 (Saurabh Khanna Vs. State of U.P. and others), and the Hon'ble court disposed off the petition providing that theinvestigation shall continue and be brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under section 173(2) Cr.P.C.

7. The matter was investigated by Investigating Officer, charge sheet submitted against the applicants and other co-accused persons and learned Magistrate has taken cognizance vide order dated 26.08.2019. Itis further submitted that opposite party no. 2 after lodging the firstinformation report on 09.02.2019 against the applicants again filed a complaint against the applicants and other accused persons on similar circumstances under section 406/420 IPC before the Special Chief Judicial Magistrate, Kanpur Nagar. Thereafter, the learned Magistrate recorded the statement u/s 200 and 202 Cr.P.C. and summoned the applicants. Against the summoning order dated 06.04.2019 the applicants have approached this Hon'ble Court by way of Criminal Misc. Application under section 482 Cr.P.C. and this Hon'ble Court vide its order dated21.01.2020 stayed the further proceedings of complaint case. The applicants have also moved anticipatory bail application under section 438 Cr.P.C. for grant of anticipatory bail before the learned Additional Sessions Judge which was rejected on 07.03.2020 in an arbitrary manner. Being aggrieved with charge sheet dated 18.08.2019 the applicants approached this Hon'ble Court by way of Criminal Misc. Application No. 1614 of 2020 (Gaurav Khanna and another Vs. State of U.P. and another) and the same was disposed off vide order dated14.01.2020. After rejection of the anticipatory bail application of the applicants by the learned Additional Sessions Judge, the app