JUDGMENT Tarlok Singh Chauhan, Judge (Oral). The petitioner has approached this court for grant of pre-arrest bail in connection with FIR No. 92 of 2014 dated 19.5.2014, registered under sections 420, 468, 471 IPC at Police Station, Haroli, District Una. The petitioner was granted interim bail on 13.6.2014 and the case was fixed for today for production of records of the aforesaid FIR alongwith the status report. 2. I have heard the learned counsel for the petitioner as also the learned Additional Advocate General assisted by Ms. Parul Negi, learned Dy. Advocate General and have gone through the records of the investigation carefully with meticulously. The prosecution story as it emerges from the records of the investigation is that a letter on behalf of the complainant was written to the Superintendent of Police, Una, whereby a complaint of cheating and fraud was made against M/s Arvind Casting Private Ltd. and others including the present petitioner. The contents of the complaint read as under: “The SP Una Himachal Pradesh May 17-2014 Subject: Complaint of cheating & fraud against M/s Arvind Casting Pvt. Ltd., VPO- Nangal Khurd, (Tahliwal) Tehsil- Haroli, Distt. Una, Himachal Pradesh, M/s Arvind Trade Links Pvt. Ltd., Shri Arvinder Singh Gorwara, Smt. Dalit Kaur Gorwara, Shri Amrinder Singh Gorwara & Shri Sahil Gorwara Sir, 1. The undersigned is the authorized officer of M/s Aditya Birla Finance Ltd., having its branch office at 2nd Floor, UCO Bank Building, Parliament Street, New Delhi-01 and head office at India Bulls Centre-1, Tower-1, 18th Floor, Jupiter Mills Compound, Senapati Bapat Marg, Elphinstone, Mumbai400013. Being the competent officer to handle all such issues related to the fraud with the complainant and other issues I am making the present complaint in the official capacity on behalf of the complainant against the below named accused persons and companies. 2. The complaint relates to M/s Arvind Casting Pvt. Ltd. M/s Arvind Trade Links Pvt. Ltd., Shri Arvinder Singh Gorwara, Smt. Dalit Kaur Gorwara w/o Shri Arvinder Singh Gorawara, Shri Amarinder Singh Gorwara s/o Shri Arvinder Singh Gorawara & Shri Sahil Gorwara s/o Shri Arvinder Singh Gorawara & their other unknown accomplices in respect of loan facilities being “Invoice Discounting (International tractors Ltd. And Dana India Pvt. Ltd)” & “ Invoice Discounting (Mahindra and Mahindra- Swaraj Division)” i.e. invoice Discounting facility taken by them from the complainant. 3. 3. The details of the loan facilities taken by the accused are as under:-M/s. Arvind Casting Pvt. Ltd. Directors/ Accused 1. Arvinder Singh Gorwara 2. Saljit Kaur Gorwara 3. Amarinder Singh Gorwara 4. Sahil Gorwara sanctioned 30/07/2013 Amount Funded: INR 5.00 Cr. Product: Invoice Discounting (International Tractors Ltd and Dana India Pvt. Ltd.) M/s Arvind Trade Links Pvt. Ltd. Directors: 1 Daljit Kaur Gorwara 2. Sahil Gorwara Sanctioned: Aug 13 Amount Funded: INR 3.00 Cr. Product: Invoice Discounting (Mahindra and Mahindra- Swaraj Division). 4. The accused herein after taking aforementioned loan facilities started activities of cheating. In order to utilize/ enjoy the facility which was in the nature of “Invoice Discounting” they all have jointly, knowingly and deliberately used fake, forged, false and incorrect documents claiming to be genuinely issued by companies like” Mahindra and Mahindra (Swaraj Divisioin), International Tractors Limited, Dana India Pvt. Ltd.” The accused in order to claim the invoice discounting amount under the loan facility from the complainant, opened fictitious Bank accounts in the name of other companies (in similar onames claiming it to be international Tractors Ltd, Dana India Pvt. Ltd and Mahindra & Mahindra), printed fictitious letter heads, false and fake bill books, receipts created false letters, opened false and illegal email accounts of other companies in order to cheat and siphon off the complainant’s money taken under the garb of loan. The extent of cheating committed by accused did not end at this stage but they also impersonated themselves and also presented impersonated officials of other companies claiming to be officers of those companies namely “Mahindra and Mahindra- (Swaraj division), International Tractors Limited, Dana India Pvt. Ltd.”. Thus the accused herein have cheated the complainant of its rightful money. The list of fake documents used by accused are as under:- Following fake documents received from client on M/s Arvind Casting Pvt. Ltd. 1. Various fake invoices and lorry receipt of international tractors Ltd. And Dana India Pvt. Ltd. 2 Fake signatures of international tractors Ltd. And Dana India Pvt. Ltd. On master letter with authorized signatories stamp of these companies. 3 Fake meeting at International Tractor Ltd. Factory with fake employees of this company and fake visiting cards of those fake persons. 4. Fake email ID’s, Mobile Nos, Landline Nos. 3 Fake meeting at International Tractor Ltd. Factory with fake employees of this company and fake visiting cards of those fake persons. 4. Fake email ID’s, Mobile Nos, Landline Nos. of International tractors Ltd. And Dana India Pvt. Ltd. 5 Fake payment advices from International tractors Ltd and Dana India Pvt. Ltd. 6 Fake emails from international tractors Ltd. And Dana India Pvt. Ltd. (Sometimes directly from these company to ABFL and sometimes he forward emails to us). 7. Fake accounts opened in banks in similar name to international tractors Ltd. and Dana India Pvt. Ltd. Following fake documents received from client on M/s Arvind Trade links Pvt. Ltd. 1. Fake invoices and Lorry receipt of Mahindra & Mahindra Ltd. (Swaraj Division). 2. Fake signatures of Mahindra & Mahindra Ltd. (Swaraj Division) on master letter with authorized signatories stamp of these companies. 3. Fake email ID’s, Mobile Nos. Landline Nos. of Mahindra & Mahindra Ltd. (Swaraj Division). 4. Fake payment advices from Mahindra & Mahi8ndra Ltd. (Swaraj Division). 5. Fake emails from Mahindra & Mahindra Ltd. (Swaraj Division). (Sometimes directly from these company to ABFL and sometimes he forward emails to us). 6. Fake account opened in bank in similar name to Mahindra & Mahindra Ltd. (Swaraj Division) 5. That the complainant came to know of the acts of cheating and fraud by the accused only when it analyzed and examined emails, letters, invoices and other documents issued by companies namely M/s Arvind Casting Pvt. Ltd. & M/s Arvind Trade links Pvt. Ltd. Accordingly the complainant upon thorough search came to know about the fraud played upon the complainant by accused. The instances referred in the complaint are some of the instances which have come to the notice of the complainant company but it seems that many complainants/ FIs must have been cheated in such manner whose data is not known to the complaint at this juncture of time, hence the matter needs to be investigated at the end of the police in the said regards. 6. At present the company has to recover Rs.5,35,00,000/- in respect of account of Arvind Casting Pvt. Ltd. And Rs.3,25,00,000/- in respect of account of Arvind Trade Links Pvt. Ltd. Thus the accused jointly, severally and intentionally have cheated the complainant company. 6. At present the company has to recover Rs.5,35,00,000/- in respect of account of Arvind Casting Pvt. Ltd. And Rs.3,25,00,000/- in respect of account of Arvind Trade Links Pvt. Ltd. Thus the accused jointly, severally and intentionally have cheated the complainant company. They all are guilty of impersonation, creating false, fake, fabricated documents and also for various other legal offences for which they need to be punished as per law. 7. That the present is a clear cut case where the accused has cheated the complainant as well as other complainants and in view of the same a case be registered against him at the earliest under the appropriate sections of the India Penal Code Act. Sh. Mahesh Prashar Authorized Officer For M/s Aditya Birla Finance Ltd. Mobile No. 9540678887.” 3. Based on this complaint, the aforesaid FIR came to be registered on 19.5.2014, under sections 420, 468, 471 IPC. During investigation, information was gathered from the International Tractors. Ltd. Jallandhar road Hoshiarpur regarding the invoices and goods career receipt pertaining to alleged purchase, Manager Rakesh Kapila, Kulwinder Ghumman and email IDs (Org.) and the same were found to be fake. The company did not have any bank account, UTR number in the name of International Auto. From the records of investigation, it is further revealed that the invoices submitted by the petitioner and the co-accused were not only fake but even the Lorry receipts and signatures of the authorized signatories of International Tractors Ltd. were found to be fake. The email ID with domain (Org.) was also found to be fake. Above all, the persons S/Sh. Kulwinder Ghumman and Rakesh Kapila had never worked with M/s International Tractors Ltd., who otherwise had been shown by the petitioner to be the Purchase Officers of M/s International Tractors Ltd. 4. As per records of International Contractors Ltd., there was no bank account in the name of International Auto of the company and in fact there was no existing company of such name in the group of industries of International Tractors Ltd. 5. Similarly, it was also found that Mahindra & Mahindra had not received any material as had been detailed in the invoices and Lorry receipt nor did the same bear the genuine stamp and signatures. No bank payment voucher dated 22.10.2013 for a sum of Rs. Similarly, it was also found that Mahindra & Mahindra had not received any material as had been detailed in the invoices and Lorry receipt nor did the same bear the genuine stamp and signatures. No bank payment voucher dated 22.10.2013 for a sum of Rs. 6,70,000/- had been issued in favour of M/s Arvind Trade Pvt. Ltd. and above all the letter dated 31.8.2013 claimed to have been signed by Fatehjeet Singh on behalf of Mahindra and Mahindra Ltd., was never signed by the said person, who in fact had retired from the service of the company on July 31, 2013. Even the email ID was not relatable to M/s Mahindra and Mahindra Ltd. 6. This is a case where a huge amount of more than Rs.8,60,00,000/- is involved. Not only are the allegations against the petitioner serious, but even the investigation carried so far reveals the active complicity of the petitioner. Though Sh. Subhash Sharma, learned counsel for the petitioner has tried to claim that petitioner came to be appointed as Director of the Company on 15.1.2014 and therefore is not responsible for any of the acts done prior to the said date, however, I find that said plea is without any merit because fake and fabricated documents even after the said date have been continued to be supplied by the petitioner and his co-accused. Not only this, it has come in investigation that it was the petitioner who had been operating the bank accounts on behalf of the company. Therefore, on the face of such allegations which are extremely serious in nature and what has emerged during the course of investigation, no case for grant of interim bail is made out. Moreover, in order to bring out all the material information and documents, custodial interrogation is required, more particularly to ascertain the documents, which were alleged to have been forged and fabricated by the petitioner. Accordingly the petition is rejected.