Sandeep Sharma,J. - (1.)By way of present petition filed under Section 482 Cr.PC, prayer has been made to quash and set-aside order dated 7.9.2017 passed by the learned ACJM Nalagarh, District Solan, HP, in case No. 101/ 2 of 2011, whereby an application having been filed by the respondent-complainant under Section 319 Cr.PC, praying there in to summon the petitioner as an additional accused came to be allowed.
(2.)For having bird's eye view, certain facts, which may be relevant for adjudication of the present case are that on 28.9.2006, an agreement to sell came to be executed inter-se person namely late Hem Chand and respondent No.2-complainant i.e. M/s Innovative Textiles Pvt. Ltd., for the sale of land for a total consideration of Rs. 7.35 crores. As per the complainant, earnest money of Rs. 2,20,50,000/- was paid on the same day vide cheque No. 297051 drawn at HDFC Bank, New Delhi to person namely Hem Chand. However, subsequently, it transpired that land under sale was already mortgaged with State Bank of India as collateral to the loan facilities availed by M/s Heman Noble Biotec Laboratories Pvt. Ltd., wherein present petitioner Anmol Sharma was one of the Director. As per complainant above named person i.e. petitioner in the capacity of Director had executed loan agreement with State Bank of India along with his father late Hem Chand. In the aforesaid background FIR bearing No. 108 of 2007 came to be registered against persons namely Hemchand Sharma and present petitioner Anmol Sharma on the complaint having been made by respondent No. 2 at Police Station Connaught place under Sections 406, 415, 420, 467 and 468 read with Section 120 B of IPC. Late Hemchand filed petition in the High Court of Himachal Pradesh, seeking quashment of aforesaid FIR registered at Delhi, but fact remains that FIR as detailed hereinabove was the not quashed, but same was transferred from police station Connaught Place New Delhi to Police Station Nalagarh, Police District Baddi, Himachal Pradesh in terms of order dated 6.10.2019 passed by this court in CWP No. 294 of 2007. Pursuant to aforesaid directions issued by the Court in aforesaid CWP, FIR bearing number 15 of 2010 came to be registered at Police Station Nalagarh, Police District Baddi Himachal Pradesh. It is not in dispute that contents of FIR number 15 of 2010 registered at Baddi are verbatim same as was recorded in FIR No. 108 registered at Police Station Connaught Place, Delhi.
(3.)After completion of investigation, police presented challan in FIR No. 15 of 2010 in the court of learned JMIC Nalagarh, HP, on 6.4.2011 against person namely Hemchand Sharma. Present petitioner was not charge sheeted on the ground that no evidence was found against him in the investigation. On 20.4.2011, learned JMIC Nalagarh took cognizance, whereafter criminal case bearing No. 101/2 of 2001 came to be registered against late Shri Hemchand Sharma. It is also not in dispute that respondent complainant never laid challenge, if any, to the non-inclusion of present petitioner as co-accused in the aforesaid case filed in the court of learned JMIC pursuant to investigation conducted in FIR number 15 of 2010. Record reveals that late Hemchand filed an application under Section 239 CrPC, seeking his discharge. Vide order dated 8.1.2015 discharge application filed by the late hemchand Sharma was partly allowed, as a consequence of which, charges under sections 467, 568 and 471, were dropped, whereas court below on the basis of material adduced on record along with charge sheet proceeded to frame charge against late Hemchand for having committed offence punishable under section 420 of IPC. Though first order framing charge was also assailed by late Hemchand by way of criminal revision No. 88 of 2015, but same was dismissed vide order dated 27.5.2016. Zimini orders passed by the court below reveal that from 17.4.2015 to 24.8.2015, statements of some of prosecution witnesses were recorded, but since despite sufficient opportunity, witnesses were not cross examined, trial court closed right of the accused to cross examine the prosecution witnesses.