CRM-M-20285-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 102 CRM-M-20285-2025 DATE OF DECISION: 21.04.2025 SUNNY BANSAL ...PETITIONER Versus STATE OF PUNJAB ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Raja Paramdeep Saini, Advocate for the petitioner(s). Mr. Jastej Singh, DAG, Punjab. *** SANDEEP MOUDGIL, J (ORAL) 1. Prayer This petition has been filed under Section 482 of the Bharitya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail to the petitioner in FIR No. 359 dated 26.10.2017 registered under Sections 406, 420, 120-B IPC at Police Station Zirakpur, District S.A.S. Nagar. 2. Prosecution story, set up in the present case as per the version in the FIR reads as under :- ‘To, Senior Superintendent of Police, District Administrative Complex, Sector 76, SAS Nagar, Mohali, Punjab- 160071, Sub: Complaint under section 415, 420, 406, 506 of the Indian Penal Code against the below mentioned accused Anuradha 2025.04.21 05:48 I attest to the accuracy and integrity of this document CRM-M-20285-2025 2 persons for registration of First Information Report. (a) M/s N.H. Matcon 134 Second Floor, Engineers Enclave, Pitampura, New Delhi-110034, Partnership firmhaving its Registered Office at SCO 3, (First Floor), Royale Estate, Chandigarh Ambala Highway, Near IDBI Bank, Zirakpur, Mohali, Punjab, New Office Address: SCO-410, Green city, Dhakoli, Zirakpur- 160104, (b)Sh. Nitin Bansal, S/o M.L. Bansal, Partner of M/s N.H.Matcon (Partnership Firm), Having its Registered Office at SCO 3, (First Floor), Royale Estate, Chandigarh Ambala Highway, Near IDBI Bank, Zirakpur, Mohali, Punjab, Residential Address: House no. 1704, Sector-21, Panchkula, Haryana-134116, Dear Sir, (1) Theundersigned is a doctor working with the Indian Army. The undersigned seeks to bring to your kind notice the matter in which M/s N.H, along with their partners being Shri Nitin Bansal and Sunny Bansal have cheated, defrauded the undersigned of his hardearned money and at the same time have committed criminal breach of trust by utilizing the money givenby the undersigned in trust fortheir own benefit. The below facts will show as to the manner in which the partners of N.H. Matcon, being Shri Nitin Bansal and SunnyBansal have duped the undersigned and hundreds of customers like the undersigned and enriched themselves. You are requested totake appropriate action accordingly.(2)Mr. Nitin Bansal and Sunny Bansal both brothers (accused persons) are partners in the partnership called N.H.Matcon. The accused persons, being land developers through their partnership called N.H. Matcon advertised a project by the name of Aero Homes Project at Zirakpur, Punjab.(3) The accused persons highlighted various amenities and boasted ofgiving possession of the project on time. The undersigned met the accused persons personally; who at that time assured that the project would be one of a kind and would have all the facilities. The accused persons, by making these assurances duped and induced theundersigned to buy a property in the project. (4) The intention of the accused Anuradha 2025.04.21 05:48 I attest to the accuracy and integrity of this document CRM-M-20285-2025 3 persons from the beginning was to cheat the undersignedand like customers of their hard earned money and use the same for their own benefit. The accused persons never intended tocomplete the project. (5)The undersigned booked the property in the Township, Aero Homes Flat No 305 C, on 21.05.2011 and madeand initial total payment of Rs. 9,50,000/- (Rupees Nine Lakhs, Fifty Thousand). Two receipts dated 24.05.2011 and 27.08.2011 wereissued to the undersigned along with the allotment letter. (6) Thereafter an agreement to sell dated 28.12.2011 ("the Said Agreement") was executed between the parties and the sale consideration inclusive of the basic price and preferential location charges of the Property in Question was a sum of Rs. 38,00,000/- (Rupees Thirty Eight Lakhs). The accused persons had assured to give possession of the apartment by 30.06.2013.(7)The undersigned opted for a construction linked plan and initially paid an amount of Rs. 9,50,000/- (Rupees Nine Lakhs, Fifty Thousand) and obtained a loan of an amount of Rs.28,50,000/- (Rupees Twenty Eight Thousand Fifty Lakhs) from the Army Group Insurance Fund, being thebalance sale consideration of the Property in Question. (8) The accused persons received four installments towards sale consideration of the Property in Question under the cover of letters dated 27.04.2012, 30.06.2012, 21.11.2012 and 29.01.2013 from the undersigned amounting to Rs. 33,25,000/- (Rupees Thirty Three lakhs and Twenty Five Thousand) (9) However, despite receiving the amounts in question, the accused persons failed to give possession of the flat in question to the undersigned. Even as on date the possession has not been given. (10) The accused persons in order to take more money from the undersigned also raised a frivolous demand letter dated 16.08.2014 and directed the undersigned to pay more money. The undersigned challenged the said demand letter as the accused persons had not been able to give possession of the flat on 30.06.2013. The said demand was challenged before the Anuradha 2025.04.21 05:48 I attest to the accuracy and integrity of this document CRM-M-20285-2025 4 Learned State Commission, Chandigarh and was set aside vide judgment dated 14.12.2016 (Copy att). The accused persons were directed to hand over the possession to the undersigned. (11) That thereafter the undersigned has been time and again approaching the accused persons, however they are nowhere to be found. (12)The undersigned has got to know that the accused persons had mortgaged the land in question over which the property of the undersigned has been constructed without informing the undersigned. The accused persons have taken a loan of more than 28 crores from the banks over the said property and have not paid back the said money. (13) The accused persons never intended to handover the project in question to the undersigned. The accused persons never informed the undersigned about the mortgage of the land over which the property is being built. The accused persons have thus cheated the undersigned of its hard earned money amounting to more than 33 lakhs. The property was already mortgaged with the bank and the said fact was never informed to the undersigned and money were taken from the undersigned on the assurance that the possession of the flat would be given. The said fact recently came to the knowledge of the undersigned in July, 2017 when a notice of the bank in the paper (Possession notice of PNB attached) was given to the undersigned by one of the consumers of the same project. (14) The accused person, in connivance with each other have fraudulently, used the money which was put in trust with the accused persons and was to be utilized only for the purpose of the building of the project and have thus committed an act of criminal breach of trust. The accused persons have duped the undersigned and many more persons like this, who have purchased the flat. (15) The undersigned has time and again approached the accused persons, however, each time the accused persons, speaking through their phone по 9216931608, 9216931601, 921691377, Anuradha 2025.04.21 05:48 I attest to the accuracy and integrity of this document CRM-M-20285-2025 5 9216931626, 9216931607 have threatened the undersigned and have stated in hindi that "connections hain hamare police main, koi kuch nai karega". The behavior of these accused persons clearly shows criminal mindset. They claim to have connections in the police and boast that no one can do anything to them as they are also protected by politicians. (16) The accused persons have cheated the undersigned for an amount of Rs. 50,00,000/- (Rupees Fifty lakh) if you add up the interest since 2013 and collectively the amount of cheating in case of the entire project would go beyond an amount of Rs.50,00,00,000/- (Rupees Fifty Crore). (17) The manner in which the accused persons have cheated the undersigned clearly shows their criminal intent, which was there from the beginning as they never intended to provided the flats to the unsuspecting persons like the undersigned. (18) You, sir, are therefore requested to kindly investigate the matter and initiate proceedings under section 415, 420, 406, 506 Indian Penal Code and register the First Information Report. (19) The accused persons are a threat to the society and it is not known how many other people and in which other many projects have been duped. Investigation in this matter is a necessity. Therefore, please take appropriate action. (20)Should you require any assistance, the undersigned shall provide you with all the necessary documents. Thanking you, SD/-(DC Chaudhary), aged 40 years, Lt Col, CI Spl Orthodontics, (Lt.Col). Dinesh Chander Chaudhary s/o Late Sh. Gian Chand Chaudhary CL.Spl Orthodontics, Military Dental Centre, Jabalpur Near Military Hospital Jabalpur Cantt.Jabalpur- 482001 (MP) Mon no. 8826217840, Police Inquiry: Today, I ASI, an application has been marked for action by Dinesh Chandra Chaudhary SIO Biyan Chand Chaudhary resident of Military Dental Center, Jabalpur near Military Hospital Jabalpur CAT, Jabalpur (Madhya Pradesh) to ASI. On the basis of the application, it is found that the offence under sections 406,420,120-B IPC is committed. Therefore, the Anuradha 2025.04.21 05:48 I attest to the accuracy and integrity of this document CRM-M-20285-2025 6 application is filed against Nitin Basal, Sunny Bansal son M.L Bansal partner N.H Matcon firm resident of house 1704 Sector 21 Panchkula (Haryana) and the registered office of ASI should be handed over for investigation. Correct/- Baljit Singh ASI, Police Station Zirakpur Date 26.10.17 Mosul but the case has been registered against the accused at the above place for the crime mentioned above. The order of completion has been completed. The copy of FIR is being sent to the service of the Area Magistrate Sahib and senior officers. The telephone information is being given to the in-charge control room. The original application along with the case file is being referred to ASI Baljit Singh 68/SAS Nagar for further investigation.’ 3. Contentions On behalf of the petitioner Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He submits that as per the allegations, the petitioner after receiving an amount of Rs. 33, 35,000/- for booking of the flat in Aero Homes Project neither gave possession to the complainant nor returned the said amount. He informs the Court the possession of the flat stands transferred to the complainant on 19.01.2019 and presently, the complainant is in possession of the said flat and in this regard, a copy of the possession letter dated 19.01.2019 is annexed as Annexure P-5. Learned counsel for the petitioner undertakes that the petitioner is ready and willing to join the investigation and cooperate with the investigating officer. Notice of motion. Anuradha 2025.04.21 05:48 I attest to the accuracy and integrity of this document CRM-M-20285-2025 7 On behalf of the State Learned State Counsel appearing on advance notice on instructions from Investigating officer vehemently opposes the prayer for grant of concession of anticipatory bail stating that there are allegations of committing fraud of Rs. Rs. 33,35,000/-, therefore, prays for dismissal of the present petition. 4. Analysis Be that as it may, after given a thoughtful consideration to the submissions as made, by the counsel for both the parties, especially to the effect that the possession of the flat in question stands transferred to the complainant on 19.01.2019 and presently, the complainant is in possession of the said flat, hence, this Court finds no reason to deny the petitioner the concession of anticipatory bail, wherein the petitioner has bona fide intentions and is willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency within the stipulated time period. 5. Relief Hence, in view of the admitted set of circumstances before this Court, the petitioner is hereby directed to be released on anticipatory bail subject to him joining investigation and reporting to the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS of which are reproduced below :- Anuradha 2025.04.21 05:48 I attest to the accuracy and integrity of this document CRM-M-20285-2025 8 ‘When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.’ However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within one week, the order passed by this Court today shall automatically stand cancelled. The petition in the aforesaid terms stand allowed. (SANDEEP MOUDGIL) JUDGE 21.04.2025 anuradha Whether speaking/reasoned Yes/No Whether reportable Yes/No Anuradha 2025.04.21 05:48 I attest to the accuracy and integrity of this document