Vishal Handa vs State Of Punjab

Arvind Singh Sangwan, J

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.89 dated 04.06.2020 registered under Sections 420/465/467/468/471 of

Indian Penal Code, 1860 (in short 'IPC') at Police Station Civil Lines, Bathinda, District Bathinda.

Counsel for the petitioner has argued that as per the allegations in the FIR, registered at the instance of the complainant, it is stated that the petitioner

and his wife have committed cheating and forgery to the tune of Rs.1.87 crores by alluring the complainant with forged and fabricated agreements. It

is further stated that the complainant is a partner of a business concern and is providing services for preparing Smart Voter Card by the State of

Punjab. The petitioner introduced him to be in the business of Information and Technology including software development, solutions and others

technical services. The petitioner asked the complainant to deposit a security of Rs.5,00,000/- each for an agreement and Rs.20 lacs for S.I.P.F.

Department working as the petitioner is having a contract for preparing Smart Voter Card by the State of Punjab and on the pretext of providing them

tenders of sub-letting, he allured the complainant to enter into an agreement for preparing Smart Voter Card by the State of Punjab. The agreements

were entered and huge security amounts as detailed in the FIR, were paid through bank transactions. Later on, the complainant came to know that in

fact, the petitioner has prepared forged and fabricated documents and to show that he has assigned the work of preparing Smart Voter Card in the

State of Punjab, whereas, no such sanction has been granted by the competent authority in favour of the petitioner, he by playing fraud, has allured the

complainant to part away his money.

Counsel for the petitioner has argued that in fact, it is a dispute arising out of an agreement between the petitioner and the complainant and the

petitioner has also filed a suit whereas the complainant has filed some complaints under the Negotiable Instruments Act. Counsel for the petitioner has

further submitted that in fact it is a civil dispute, which has been given the colour of criminal litigation.

Counsel for the State assisted by counsel for the complainant has submitted that the very essence of the alleged agreement between the petitioner and

the complainant are based on forged and fabricated documents as the petitioner by posing himself to be an authorized person, for preparing Smart

Voter Card, has allured the complainant to enter into an agreement and pay huge amount in the shape of securities whereas the petitioner had no such

authority or contract with the government of Punjab and he has prepared the forged and fabricated documents, which the complainant believing to be

correct had agreed to work for the petitioner.

Counsel for the complainant has additionally argued that though some payment has been made but huge amount of Rs.1.87 crores was taken by the

petitioner through bank transactions in the shape of security and it is not a civil dispute as the amount was taken by alluring the complainant/victims by

showing the fake and fictitious documents.

After hearing the counsel for the parties and in view of the serious allegations levelled against the petitioner, I find no ground to grant the concession

of bail to the petitioner.

Dismissed.