IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Rajni Aggarwal ... Petitioner Vs.

State of Punjab & another ... Respondents

1. The date when the judgment is reserved 24.03.2026 2. The date when the judgment is pronounced 30.03.2026 3. The date when the judgment is uploaded on the 30.03.2026 website

4. Whether only operative part of the judgment is Full pronounced or whether the full judgment is pronounced

5. The delay, if any, of the pronouncement of full Not applicable judgment, and reasons thereof CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Vinod Ghai, Senior Advocate with Mr. Rohit Sud, Advocate, Ms. Kuljeet Kaur, Advocate and Ms. Parminder Kaur, Advocate for the petitioner.

Mr. Roshandeep Singh, AAG, Punjab.

Mr. Bijender Dhankar, Advocate for the complainant.

...

Manisha Batra, J. (Oral).

1. The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of anticipatory bail in case bearing FIR No.262 dated 14.10.2020 registered under Sections 408, 420, 467, 468, 471, 477-A, 201, 406, 120-B IPC at Police Station Division No.6, District Police Commissionerate, Ludhiana.

2. The aforementioned FIR was registered on the basis of a complaint lodged by complainant – Rohit Gupta alleging therein that he was nephew of Kailash Aggarwal, who along with his wife Rajni Aggarwal i.e. the present petitioner, who owned a company named as M/s Genex Infratech Limited at Ludhiana and had initially induced him to purchase some shares in the said company and then made him to buy 81% share holding in the above said company and he was appointed as a Director. Abhishek son of the above named accused held only 100 shares in that company. They hatched a conspiracy and by passing a resolution, opened a separate bank account in the name of company at Capital Small Finance Bank Limited without the knowledge and consent of the complainant. They started operating the said account in a fraudulent manner by transferring huge amount of money received by sale of the properties of the company, which were in dispute thereby causing wrongful loss to the company as well as to the complainant. As such, he prayed for taking action in the matter.

3. As mentioned in the status report, the complainant had also submitted some other applications during the course of inquiry. Kailash Aggarwal, named as accused in the complaint had also filed an application. On conducting inquiry on those applications, the aforementioned FIR was registered. During the course of investigation which was conducted by the officer of the rank of the Additional Deputy Commissioner of Police (Local and Security). Ludhiana, a report was submitted as per which the aforementioned FIR was recommended to be registered. Subsequently also, several applications/ complaints had been moved and were inquired into. The accused Manmohan Aggarwal was arrested and was subsequently released on bail. Accused Kailash Aggarwal had expired. Apprehending her arrest, the petitioner filed an application for grant of anticipatory bail, which was dismissed by the Court of learned Additional Sessions Judge, Ludhiana vide order dated 25.03.2025.

4. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. The dispute between the parties is of civil nature which has been given a criminal colour. The litigation with regard to the lis between the parties is already pending before the NCLT. This FIR has been registered to abuse the process of criminal law. The complainant had previously filed a petition under the Companies Act on the same allegations before the NCLT and when no interim relief had been granted to him, he lodged this FIR on the same allegations. Infact, it is a case of rendition of the accounts. The complainant has concealed the fact that the transaction to the tune of Rs.4 crores approximately had been done in the bank account of his wife, close associates as well as his