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2024 Supreme(Online)(P&H) 11031

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIPIN NAGI AND OTHERS – Appellant
Versus
STATE OF PUNJAB AND ANOTHER – Respondent



N.S. SHEKHAWAT, J.

1. This order shall stand disposed off aforementioned three petitions, whereby the petitioners have prayed for quashing of FIR No.147 dated 24.05.2014 under Sections 420/406/467/468/471/120-B/409/477-A IPC registered at Police Station Kapurthala City, Kapurthala along with all consequential proceedings arising therefrom. Since common questions of law and facts are involved in all three cases and same arise out of a common FIR, all these cases are being disposed of by this common order.

2. The FIR in the present case was registered on the basis of the statement and complaint filed by Sonia Bawa and the same is reproduced below:-

“Complaint against Mr. Sukhwinder Singh and others for cheating Breach of trust, Misappropriation of funds, falsification of accounts impersonation and forgery to the tune of over rupees 6-7 crores in connivance and common intention with others.

That I Mrs. Sonia Bawa wife of Shri Kiran Bawa resident of H.No. 1 Palace Road, Lower Mall, Kapurthala bring to your kind notice that Mr. Sukhwinder Singh son of Sardar Karnail Singh resident of 163 Vivekanada Park, New Grain Market, Maqsudan, Jalandhar developed friendly family relations knowing I belong to a respected and financial sound family. In his discussions he used to paint a very rosy picture that his business of imports was booming. Materials imported was sold through high sea sales to reported companies and as he was short of capital and because he owned Agricultural lands which Banks were not accepting as security often requested that I should help by investing or joining him and promised to compensate good returns. When repeatedly I informed that our family believes in business with own fund from institutions as they carry interest burden with it and we are content within our own means/ limitations and therefore none of us is in a position to plough cash assets he came up with a novel proposal to start import of scrap materials in the name of M/s Ikaum impex wherein in lieu of my husband's personal ancestral house as security/mortgage he through its personal contacts would arrange bank limits and got sanctioned the said limits. All imports were sold on high sea basis thereby no default or loss of any kind apparently came to surface in the initial period in March 2014. I was telephonically called and informed by State Bank of India Chandigarh that huge outstanding of over 6-7 crores have been developed in account against buyers credit and LC. We were shocked to find that several transactions against letters of credit terms were modified and were given acceptance by him to the contrary to the mandate in partnership deed and bank undertaking and on due dates all these letters of credit were developed (unpaid) leaving huge outstanding sales were on High Sea basis payments including customs duties that were to be paid by the buyers. On taking up the issue with Mr. Sukhwinder Singh, he admitted to having diverted/siphoned payments through camouflage operandi of routing by other accounts which was in the knowledge and tacit approval of bank officials who in connivance/cohert allowed the same and also that he had been submitting fudged/doctored statements receivable for drawing power limits even stock verifications were carried out by chartered accountants and bank officials from the to time. He, Mrs. Amarjit Kaur, Mr. Karnail Singh and other pleaded and assured promised to deposit the entire outstanding amounts with state bank of India. His father Mr. Karnail Singh in addition offered the following lands be sold and proceeds be deposited in bank to stall defer any action by us showing they are respectable land owners and their land is worth 10 crores and they will not shy away from liabilities. To complete the sale process buyer for land they requested for four weeks’ time and promised at least Rs.2,00,00,000/-will be deposited by 24.4.2014 in support to his prove his bonafide Mr. Karnail Singh produced following Fard/Kathauli his passpor

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