M.M. Singh Bedi, J. - (1.) PETITIONERS Sant Kumar, his son Hari Krishan, Randhir Singh, Jarnail Singh and Parkash Chander Pandey have sought the concession of pre - arrest bail through the instant petition under Section 438 Cr. P.C. in a case of beach of trust and cheating, registered against them at the instance of Sarwar Khan claiming himself to be the President of Society against Exploitation by Money Lenders.
(2.) AS per the allegations in the complaint, the petitioners have indulged in the illegal business of money lending, defrauding and cheating innocent and poor persons by misusing the blank documents. Petitioners 1 and 2, Upma Kakkar and Kanta Devi have been doing the business of money lending under different names. It is alleged that the modus operandi of the petitioners is that at the time of advancing loan, a large number of blank papers are got signed from the borrowers, who in general are employees of Government and semi Government Corporations, along with a number of documents from the guarantors. In case of failure of innocent persons for not acceding to the illegal and unethical demands, the financiers misused the blank documents by forging the same to file different cases against them. Inspite of the fact that the borrowers have cleared the outstanding amount, the petitioners 1 and 2 involved them in false cases in connivance with Jarnail Singh, Randhir Singh and Parkash Chander Pandey, who have filed a number of cases against the innocent persons, on the basis of false and frivolous documents. This practice has been going on in Chandigarh for the last money years. The said three persons have shown their wrong address in different complaints. On making inquiries under the R.T.I. Act it has transpired that the petitioners are not paying any income tax. On making similar inquiry from the District Court, Chandigarh, approximately 400 cases are found pending having been filed by the above said persons against the various citizens by misusing the blank documents i.e pronotes, blank cheques, blank loan bonds and other documents. On earlier occasion the matter had been reported to SSP chandigarh by one Bir Swaroop of Chandi Mandir by making a complaint on 8.7.2003 against the petitioners. Similarly, another complaint dated 11.4.2007 was lodged with the SSP Chandigarh for registration of FIR against the petitioners for having forged and misused the documents by giving their wrong addresses. Mr. H.S. Gill, Mr. P.S. Hundal, Sr. Advocates and Mr. Vohra, Advocate appearing for the petitioners, contended that the there are vague allegations in the complaint regarding the misuse of any blank documents or forging of the documents and no offence is made out against the petitioners. All the petitioners are income tax assesses having PAN cards. The complainants, being borrowers having taken loan from the petitioners have issued cheques for return of the loan amount. Complaints u/s 138 of the Negotiable of Instruments Act (for short 'the Act') are pending in different courts. The complainants have lodged the present FIR with an objective to pressurise the petitioners to waive off the loans advanced by them with an objective to cause wrongful loss to the petitioners. As the cheques issued by the complainant group stand already dishonoured, it does not lie in their mouth to contend that any blank documents were got signed by the petitioners. Since the complainants have failed to fulfill their obligation to discharge the civil liability, they have, with an intention to side track the issue and harass the petitioners, got registered a case as a counter blast to the civil suits, which were filed against Sarwar Khan and other persons, who stood as guarantor to two loan transactions. The other persons, whose statements have been recorded by the police owe money to the petitioners.
(3.) IN order to substantiate the arguments, two complaints filed by Randhir Singh (petitioner No. 3) against Sarwar Khan u/s 138 of the Act have been placed on record as Annexures P -6 and P -7. A copy of the civil suit for recovery of Rs. 248420/ - on account of principal and interest, on the basis of a dishonoured cheque, filed against Sarwar Khan etc., has been placed record as Annexure P -8. Copies of the plaints in suits for recovery against the PWs, filed by the petitioners, have also been placed on record.;