2020 (3) TMI 983
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.... was inquired by Superintendent of Police, Investigation Branch, Kapurthala. Vide order dated 08.09.2015, Superintendent of Police, Investigation Branch, Kapurthala after going through the inquiry report of Inspector Yogesh Kumar, Incharge Economic Offences Wing, Kapurthala as well as statements and documents annexed therewith, found that neither name of such company has been revealed, nor as per documents annexed, such company was found. There has been some money transactions between both the parties which can also be gathered form the affidavit given by petitioner No.2 and Hardeep Kaur (still at large). The opinion of the District Attorney Legal was sought. The complainant moved a complaint before SHO, Police Station City Kapurthala on 19....
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....d they can take that money from me. Accused No.1 told the whole thing to accused No.5 and 6 on phone and they told that accused No.7 and 8 who are our children will come to boutique of accused No.1 and will collect the money. Next day accused No.1 came to my house and told me that accused No.7 and 8 have come to her boutique and you can hand-over the money. At that time I went with accused No.1 and handed over the amount to accused No.7 and 8. At that time accused No.1 to 4 gave assurance that your money will be doubled in 2 years. 6. That in October 2013, accused No.1 contacted me and told me that she has invested all her money in the company and now she needs Rs. 12 lacs. If she takes out Rs. 12 lacs from the company then everyon....
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.....2014 and thereafter take back our cheque. If we do not return the amount then Sushma Anand has right to present the cheque into the bank and take money from our account. She can also take any legal action and we will not object to it." [4]. The FIR in question has been registered on the basis of complaint dated 03.04.2015, wherein the complainant has alleged that the accused had taken away money form her in the context of chit fund. Hardeep Kaur introduced the complainant to the other accused. Pappa son of Bhishan Singh also took guarantee for getting back the money of the complainant. [5]. Learned counsel for the petitioners submitted that the complainant seeks to improve her case at every stage while appearing as PW-1 at the time w....
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.... witness has again appeared when petitioners were arrested. PW-1 has been examined on 02.12.2019 and her cross-examination is fixed for 19.02.2020. [6]. Learned counsel further submitted that vide order dated 02.12.2019 passed by Chief Judicial Magistrate, PW-1 was partly examined-in-chief and her further examination-in-chief was deferred as the prosecution wanted to move an application under Section 319 Cr.P.C and the case was adjourned to 16.12.2019 for moving the aforesaid application. No such application was moved at the relevant time. The trial Court vide order dated 16.01.2020 further noticed the aforesaid fact when the petitioners were produced by the jail authorities. Production warrants were issued for 16.01.2020 and the case wa....
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....l duly assisted by learned counsel for the complainant submitted that vide order dated 13.06.2016, prayer for anticipatory bail made by the petitioners was dismissed by the High Court. On 22.10.2016, order dated 13.05.2016 for declaring the petitioners as proclaimed offenders was set aside with a liberty to the petitioners to appear before the trial Court and to apply for regular bail. In case of their non-appearance, order dated 13.05.2016 was ordered to be revived. Petitioners did not comply with the aforesaid order passed by the High Court and they were arrested on 28.06.2019. By referring to the aforesaid facts, learned State counsel duly assisted by learned counsel for the complainant stated that the petitioners are not entitled for gr....
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