Punjab-Haryana High Court
Karan Goyal And Anr vs State Of Punjab on 3 July, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
103
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-29542-2024 (O&M)
DECIDED ON: 03.07.2024
KARAN GOYALANDANR ------ aa. PETITIONERS
VERSUS
STATE OFPUNJAB 2 ee RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present:
Mr. P. S. Ahluwalia, Advocate for the petitioners.
SANDEEP MOUDGIL, J (QRAL)
CRM-26021-2024
This is an application under Section 482 Cr.P.C. seeking
impleadment of Sh. Ram Pal and Smt. Devki Rani as respondents No.2 and
3, respectively.
Notice in the application to the non-applicant/respondent.
On the asking of the Court, Mr. Rajiv Verma, DAG, Punjab
accepts notice on behalf of the respondent-State, who has no objection in
case the above said application is allowed.
In view of the averments made in the application as well as no
objection on behalf of the respondent-State, the same is allowed. Sh. Ram
Pal and Smt. Devki Rani are ordered to be impleaded as respondents No.2
and 3, respectively in the memo of parties.
Amended memo of parties is taken on record.
The application is disposed of in the aforesaid terms.
CRM-M-29542-2024
The jurisdiction of this Court has been invoked under Section
438 Cr.P.C., for grant of anticipatory bail to the petitioners in FIR No.85,
POONAM NEGI
2024.07.03 18:50
| attest to the accuracy and
authenticity of this order/judgment.
CRM-M-29542-2024 (O&M) -2-
dated 17.05.2024 (Annexure P-1), under Sections 420 and 120-B IPC,
registered at Police Station Gobindgarh Mandi, District Fatehgarh Sahib.
Learned counsel for the petitioners contends that through a
business transaction which was entered into between the father of the
petitioners and the complainant, an amount of Rs.5,26,64,494.30/- is
claimed to be duped by the father of the petitioners on account of under-
payment which resulted into the registration of the instant FIR. He inter alia
contends that firstly the petitioners have no concern with the business
transaction entered into between the complainant and the father of the
petitioners and secondly, if at all there is any liability, the same is civil in
nature arising out of a business transaction which is a contractual obligation.
Notice of motion.
On the asking of the Court, Mr. Rajiv Verma, DAG, Punjab
accepts notice on behalf of the respondent-State and on instructions from
ASI Jaspal Singh, seeks dismissal of the instant petition on the ground that
the custodial interrogation of the petitioners is required wherein huge money
is involved in the business transaction and very material documents in the
form of ledger books, accounts, stock registers of the firm which are to be
taken into possession for investigation.
Mr. Ritesh Aggarwal, Advocate has put in appearance on behalf
of the complainant and also supports and stand by the argument raised on
behalf of the State and in addition thereof, he submits that the argument of
the petitioners that their father entered into an agreement is totally false
wherein the account books and other record of the firm belonging to the
petitioners firm i.e. M/s Mittal Ceramics would clearly indicate that it is the
POONAM NEGI
2024.07.03 18:50
| attest to the accuracy and
authenticity of this order/judgment.
CRM-M-29542-2024 (O&M) -3-
petitioners who are running the shop and are now taking the stand to get rid
of their liability of due amount as pointed out hereinabove.
Be that as it may, the petitioners are ready and willing to join
the investigation wherein the material and other incriminating evidence
whatsoever is required for investigation by the police are documentary in
nature i.e. ledger books, account books, stock registers etc. which shall be
made available to the investigating agency by the petitioners without any
hitch.
In the light of above observations and the undertaking given by
the petitioners that they shall duly associate and cooperate with the
investigating agency by producing the relevant record whatsoever necessary
for investigation, the petitioners are directed to be released on anticipatory
bail subject to their joining investigation with the Investigating Officer
concerned within a period of one week from today, on furnishing of
personal/surety bonds to his satisfaction. The petitioners shall also abide by
the terms and conditions as envisaged under Section 438(2) of Cr.P.C.
However, it is made clear that in case the petitioners do not
comply with the aforesaid direction of joining the investigation within one
week, the order passed by this Court today shall automatically stands
cancelled.
The petition in the aforesaid terms stands allowed.
(SANDEEP MOUDGIL)
03.07.2024 JUDGE
Poonam Negi
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
POONAM NEGI
2024.07.03 18:50
| attest to the accuracy and
authenticity of this order/judgment.
