IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

319-3 CRM-M-32821-2024 (O&M)

Date of decision: 29.01.2025 Neha Arora ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Gagandeep Singh Virk, Advocate for the petitioner.

Ms. Himani Arora, AAG, Punjab.

Mr. Dinesh Trehan, Advocate for the complainant. (Through VC)

MANISHA BATRA, J. (Oral)

1. This petition has been filed by the petitioner under Section 438 of the Code of Criminal Procedure (for short ‘the Code’) seeking grant of anticipatory bail in case bearing FIR No. 0003 dated 08.01.2024, registered under Sections 420, 465, 467, 468, 471 and 120-B of IPC at Police Station Model Town, District Ludhiana.

2. Brief facts of the case relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on the basis of a complaint lodged by complainant Deepak Kathuria, who is owner of a restaurant in Ludhiana, on the allegations that accused Tarun Tanjea, Harwinder Singh Sachdeva and Parminder Singh Sachdeva, who are property dealers, as well as petitioner Harjinder Singh Kang had represented to his uncle Aniljit Singh and himself that one property bearing SCO No. 105, Urban Estate, Dugri, Ludhiana, which was owned by accused Mandeep Singh, was available for sale. The complainant and his uncle visited the property and agreed to purchase the same after verifying the documents. The above named accused introduced the complainant with Mandeep Singh, who showed the complainant copies of allotment latter, clearance certificate and also represented that a registered sale deed dated 25.05.2017 with regard to said property had been executed in his favour. Accused Tarun Taneja, Harwinder Singh Sachdeva and Parminder Singh Sachdeva along with other property dealers like Upjit Singh and Naresh Kumar also convinced the complainant that all the documents relating to ownership of above said property had been checked and verified by them and the same were found to be in order. The complainant alleged that believing the representations made by them and on being introduced by them, his uncle and himself entered into an agreement to purchase the above said property with accused Mandeep Singh for a sum of Rs. 5.5 crores and paid an amount of Rs. 1.5 crore as earnest money to Mandeep Singh in the presence of accused Tarun Taneja, Harwinder Singh Sachdeva, Parminder Singh Sachdeva, Upjit Singh and Naresh Kumar.

3. As per the further allegations, the property dealers/accused even took the complainant and his uncle to the office of Greater Ludhiana Area Development Authority (for short ‘GLADA’), where on their request, two computer operators, one of whom was Amit Kumar Tiwari, checked the documents and represented that the property sought to be purchased by the complainant was in fact owned by accused Mandeep Singh. Thereafter, a sale deed was got registered in favour of the complainant and his uncle by Mandeep Singh after receiving total sale consideration amount of 28.06.2022, which was attested by Tarun Tanjea, Naresh Kumar, Upjit Singh and Harwinder Singh Sachdeva. On asking of accused Harwinder Singh Sachdeva and Upjit Singh, a transfer letter issued by GLADA in respect of the said property in the names of the complainant and his uncle had also been given by Amit Kumar Tiwari. It was further alleged by the complainant that in the year 2023, he came to know that the property so purchased by him and his uncle had in fact never been allotted and sold by GLADA to any other person and he also came to know that the accused persons, in connivance with each other, had prepared fake sale deed and other documents qua ownership of the said property in the name of Mandeep Singh and had sold the same to them, thereby causing wrongful loss to the tune of Rs. 5.5 crores. After registration of the FIR, investigation proceedings were initiated. During the course of investigation, co-accused Upjit Singh was arres