Mohammad Ali vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is third bail application under Section 439 of Cr.P.C in connection with crime no.533/2019, registered at P.S - Lasudia, District - Indore (M.P) for offences punishable under Sections 384, 420, 467, 468, 201, 448, 34 and 120-B of IPC.

Counsel for the State submits that the application of the present applicant on similar allegations in crime No.51/2020, registered at Police Station Lasudia, District Indore has already been rejected by order dated 20/2/2023 passed in M.Cr.C No.5380/2023.

One Shri Nikhil Kothari had authorised one Rajesh Meena for filing an application under Section 156(3) of Cr.P.C for charging the present applicant under Sections 120B, 420, 467, 468, 471 and 384 of IPC. The allegation against the present applicant is that he had executed a forged agreement as a proprietor on behalf of Basra Construction with one Nikhil Kothari, Director of Horizon Project Private Limited. The said agreement is alleged to be forged document and the signature of Nikhil Kothari has been forged. It is further alleged that on the basis of the aforesaid forged agreement, 17 sale deeds/rent agreements have been executed in favour of various persons who had also taken loan from the Bank.

Counsel for the applicant submits that the complaint was filed by one Rajesh Meena, who has already submitted a compromise application before the Trial Court.

Counsel for the respondents submits that Rajesh Meena was not authorised by the Horizon Project Private Limited for compounding the offences. The objector has referred to resolution passed by the Horizon Project Private Limited. The objector is the wife of Nikhil Kothari whose signature is alleged to have been forged in the agreement.

Counsel for the applicant submits that Nikhil Kothari himself is involved in a number of criminal cases and is absconding and, therefore, there is no occasion to verify the hand writing of Nikhil Kothari. He further submits that the report has also been lodged against Nikhil Kothari and others.

Counsel for the Objector and State opposes the prayer for grant of bail mainly on the ground that the signature of Nikhil Kothari on the basis of earlier documents have been verified and they have been found to be forged on the alleged agreement. It is further submitted that the the statement of the stamp vendor has been recorded who has stated that no such stamp paper has been issued from the Treasury. The applicant had earlier filed an application under Section 482 for quashment of the Registration of criminal case under Section 156(3) Cr.P.C. The said M.Cr.C No. 581/2020 has already been dismissed vide order dated 2/3/2020. The applicant has further applied for anticipatory bail under Section 438 which has also been rejected vide order dated 21/8/2020 passed in M.Cr.C No.16898/2020. Apart from that, there are 11 cases registered against the present applicant.

The objection on behalf of M/s. Horizon Project Pvt Ltd is regarding the allegation that Rajesh Meena was not authorized to lodge a complaint against the applicant which has already been considered by this Court in its order dated 2.3.2020, whereby, the contentions of the applicant have been rejected. It has been submitted that applicant Mohammed Ali has criminal record and as many as 11 criminal cases have been registered against him and he has been in jail for a long period of time. Applicant has forged the sale deeds of various persons and has lodged cases in courts in order to obtain legal ownership of such properties, that applicant has forged documents of property owned by Smt. Surbhi Kothari, the Director of M/s. Horizon Project Pvt. Ltd, complaints regarding which have been filed in Police Station Lasudiya and Tukoganj, that the applicant has also forged sale agreement and power of attorney showing them to be executed by the parents of the directors of the company in which it has been mentioned that Vijay Bala Jain and her husband Rajesh Jain have executed these documents whereas both these persons were not in India itself when these documents were shown to have been executed. A police complaint has been filed by Vijay Bala Jain against the applicant.

After hearing learned counsel for the parties and taking into consideration the serious allegation levelled against the present applicant that the signature on the alleged agreement of Nikhil Kothari has been found to be forged on the basis of which a number of sale deeds/rent agreements have been executed and the loan has been obtained from the Bank, the stamp papers have been found, not to be issued by the Treasury. Further there are 11 cases registered against the present applicant. In view of the aforesaid, I do not find any case for grant of bail.

Accordingly, the application is dismissed.