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2017 Supreme(Online)(P&H) 20848

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAGHU BANSAL – Appellant
Versus
STATE OF PUNJAB AND ANR – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 16.02.2026 Raghu Bansal ...Petitioner VERSUS State of Punjab and another ...Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Gautam Dutt, Senior Advocate assisted by Mr. Rohan Gupta and Mr. Yajur, Advocates for the petitioner.

Dr. (Ms.) Savi Nagpal, AAG, Punjab.

Mr. Akashdeep Singh, Advocate for respondent No.2.

*****

VINOD S. BHARDWAJ, J. (Oral)

Under challenge is the order dated 24.08.2015 passed by the Judicial Magistrate First Class, Rajpura allowing the application under Section 319 Cr.P.C. and thereby summoning the petitioner as an additional accused in case bearing FIR No.199 dated 28.07.2010 registered under Sections 406, 420 of the Indian Penal Code, 1860 at Police Station Sadar Rajpura, District Patiala and also against the judgment dated 07.07.2017 passed by the Additional Sessions Judge, Patiala whereby the revision petition filed by the petitioner herein against the order dated 24.08.2015 above was dismissed.

2. The aforesaid FIR came to be registered on the basis of a written complaint submitted by one Ashok Kumar, son of Radhey Shyam. The substance of the said complaint reads as follows:—

"Sub: Complaint/representation for the directions to S.S.P. Patiala to register the case against Raghu Bansal son of Shri Mukand Lal R/o H.No.2724, Sector 22-B, Chandigarh, Kali Ram R/o H.No.2755, Sector 37-C, Chandigarh, Bal Krishan S/o Dogarmai, R/o H.No.171, Ekata Vihar, Baltana, Daljit Singh son of Ujagar Singh R/o H.No.4493, Shamo Nagar, Rajpura, Waryam Singh son of Mohan Singh R/o Bhatt Majra, Distt. Rajpura, Prem Singh son of Natha Singh, Amarjit Singh son of Sh.Jagdish Bansal son of Mukand Lal R/o H.No.2724, Sector 22-B, Chandigarh, Naresh Goyal son of Sh.Chajju Ram R/o H.No.794, Sector 11, Panchkula, Kewal Krishan son of Sh.Banarasi Dass R/o Samana Mandi, Distt. Patiala, Sham Lal son of Sh.Natha Singh, Gurbachan Singh son of Natha Singh, Davinder Singh son of Natha Singh, Jasmer Singh son of Natha Singh, Paramjit Singh son of Natha Singh, Smt. Surjit Kaur W/o late Sh.Bakhtri, Tehsil Rajpura, Distt. Patiala, Punjab, for cheating, fraud breach of trust, criminal intimidation and threat to life in connivance with each other. Respected Sir, It is humbly submitted that my name is Ashok Kumar son of Sh.Radhey Shyam living in H.No.2723, Sector 22-C, Chandigarh. I am peace loving person and doing the business of readymade garments with dignity and honestly at shop No.40, Sector 20C, Chandigarh, in the name of Nirmal Garment for the last six years with deep roots in society as a socially renowned person. Unfortunately, above said Raghu Bansal and other persons came into my life to spoil ruin, damage my reputation and peace of mind in the month of November and December, 2005 with the fraudulent intentions and with a cheating concept of setting up a colony by them and they offered me a 5% share in that colony and they had to pay Rs.1 Crore to some Commission Agent. Being a neighbour I have believed on Raghu Bansal alongwith his three other partners have entered into one agreement to sell with one Daljit Singh and Waryam Singh and thereafter he alongwith his above said other associates entered into other agreement to sell and he never gave any receipt of Rs.5 lacs to me. Moreover gave any he again demanded Rs.10,000/- for the development of colony and I had given Rs.10,000/- for the fabrication of roads in that so called Colony. Subsequently they have started selling the plots in 30 acres area of village Rajpura and Bahteri and all the agreement to sell done by Kewal Krishan, Raghu Bansal, Sham Lal and Naresh Goyal they used to explain me as 50% shareholder being the transaction this has been done by Bal Krishan who is the R/o village Baltana. I have selected nine plots in that colony and had paid Rs.11 lacs as down payment to Raghu Bansal and Raghu Bansal has directed/authorised Mr.Bal Krishan to become the party in Biana and the signatures o

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