The High Court dismissed the petition for anticipatory bail. The court held that evidence showed the petitioner was complicit in a fraud involving a car loan, had paid installments, and failed to submit hypothecation documents, negating claims of a paper transaction.
The petition for anticipatory bail was dismissed as sans merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-4589-2022 (O&M) Date of Decision:- 2.4.2022
Satwant Singh
… Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Ms. Bhupinder Kaur, Advocate for the petitioner.
Mr. Luvinder Sofat, AAG, Punjab and Mr. Anmol Singh Sandhu, AAG, Punjab, assisted by Head Constable Kulbir Singh.
GURVINDER SINGH GILL, J
KAMAL KUMAR 2022.04.02 15:08 I attest to the accuracy and integrity of this document
2 CRM-M-4589-2022(O&M)
he failed to do so. It is alleged that the complainant had come to know that infact all the accused i.e. the loanee Satwant Singh, the guarantors Jasvir Kaur and Gurpreet Singh and also the car agency i.e. M/s Stan Autos Private Limited, Mohali had connived with each other and the delivery of the car was shown in the record only and was a paper transaction only and that by way of this paper transaction, they had usurped the loan amount of ` 5,20,000/-.
KAMAL KUMAR 2022.04.02 15:08 I attest to the accuracy and integrity of this document
CRM-M-4589-2022(O&M)
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5,20,000/- vide his account No. 10901200000201 for purchasing a Swift car wherein his wife Jasvir Kaur and Gurpreet Singh had stood guarantee. He has further stated that on 31.12.2014, the bank had paid the amount of 5,20,000/- vide DD No. 501427 to M/s Stan Auto Private Ltd. Mohali;KAMAL KUMAR 2022.04.02 15:08 I attest to the accuracy and integrity of this document
4 CRM-M-4589-2022(O&M)
to the bank authorities though, as per loan agreement, he was required to do so; and
1,13,666/- in cash apart from a Demand Draft No. 501427 for an amount of 5,20,000/issued by the Punjab and Sind Bank. He stated that Satwant Singh while representing that he had to go for some urgent work had asked the car agency people to deliver the car alongwith bill to his friend Gurpreet Singh and on his asking, the car was delivered to Gurpreet Singh alongwith the bill issued in favour of Satwant Singh.KAMAL KUMAR 2022.04.02 15:08 I attest to the accuracy and integrity of this document
5 CRM-M-4589-2022(O&M)
that he was very well aware about the loan having been utilized. Further, during investigation, it has been found that the petitioner had given the car to Gurpreet Singh who later sold the same to Ajay Kumar Gupta, which clearly shows that it was not just a paper transaction made by M/s Stan Autos Private Limited, Mohali, but a car had actually been delivered to the petitioner through Gurpreet Singh. The accused in connivance with each other managed to get Registration Certificate made by concealing the factum of the loan/hypothecation and were, thus, able to sell the car to a third person. The fact that petitioner did not even furnish the requisite documents including Registration Certificate to the bank shows that it was a well planned design to defraud the bank.
| 2.4.2022 kamal |
(Gurvinder Singh Gill) Judge |
||
|---|---|---|---|
| Whether speaking /reasoned | Yes | / No | |
| Whether Reportable | Yes | / No |
KAMAL KUMAR 2022.04.02 15:08 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether anticipatory bail can be granted to the petitioner in a cheating and forgery case involving non-disclosure of loan hypothecation.
Whether the petitioner's payment of installments and delivery of the vehicle negates the claim of a paper transaction fraud.
Whether custodial interrogation is necessary due to petitioner's alleged complicity in defrauding the bank.
2 provisions across 2 enactments
Satwant Singh
State of Punjab
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court