Allahabad High Court
Vijyant Jain vs State Of U.P. on 30 September, 2020
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22172 of 2020 Applicant :- Vijyant Jain Opposite Party :- State of U.P. Counsel for Applicant :- Avnish Kumar Srivastava,Priyanka Sharma Counsel for Opposite Party :- G.A.,Ashish Kumar Singh,Pranjal Mehrotra Hon'ble Neeraj Tiwari,J.
Heard Sri C.B. Yadav, learned Senior Counsel assisted by Sri Avnish Kumar Srivastava, learned counsel for the applicant, Sri Ashish Kumar Singh, learned counsel for the informant and Sri Pranjal Mehrotra, learned counsel for Punjab National Bank Housing Finance Limited (hereinafter referred to as "PNB Housing Finance Limited") through video conferencing.
Vide earlier order dated 16.09.2020, Court has passed the following order:-
"Heard Sri C.B. Yadav, learned Senior Counsel assisted by Sri Avnish Kumar Srivastava, learned counsel for the applicant, Sri Ashish Kumar Singh, learned counsel for the informant and on the request of Court, Sri M.K. Maurya, Advocate holding brief of Sri Pranjal Mehrotra, learned Standing Counsel put in appearance for Punjab National Bank Housing Corporation (hereinafter referred to as "Corporation").
Brief facts of the case is that informant, Dhanesh Kumar Singhal had purchased a flat from the applicant, but after sale deed, Corporation approached the informant to pay the loan taken against the project under which flat was constructed. In any circumstances, informant is not liable to pay the loan taken by the applicant and applicant is fully responsible to pay the loan.
Sri C.B. Yadav, learned Senior Counsel has not disputed the facts and submitted that showing the bonafide, applicant is ready to pay Rs. 20 lakh through Demand Draft before the Court and further 3 post dated cheques of Rs. 10 lakhs payable after every 15 days. He also submitted that applicant is ready to settle the issue of payment of loan with Corporation.
Sri M.K. Maurya prays for and is granted two days time to seek instruction whether Corporation is ready to accept the cheques and also settle the issue with the applicant or not coupled with this fact that in case of settlement, Bank shall not press the recovery from the informant. It would be open for Corporation to take any action against the applicant provided under the law for recovery of loan amount.
Put up this case on 18.09.2020 as fresh.
On next date, Sri Pranjal Mehrotra, learned Standing Counsel appearing for Corporation will appear through video conferencing and for that, Registry is directed to provide link to him."
Pursuant to the order dated 16.09.2020, One Time Settlement (OTS) has been taken place between the applicant and PNB Housing Finance Limited and an affidavit to this effect has also been filed by Sri Pranjal Mehrotra, learned counsel for PNB Housing Finance Limited. In paragraph No. 16 of the said affidavit, terms of settlement is mentioned which is quoted below:-
"16. That it is respectfully submitted that the proposal of the One Time Settlement (OTS) had again been placed before the Competent Authority and the Competent Authority has approved OTS of Rs. 1,35,00,000/- (Rupees One Crore Thirty Five Lacs Only) subject to the following conditions:-
i. The aforesaid amount of Rs. 1,35,00,000/- (Rupees One Crore Thirty Five Lacs Only) will have to be completely paid by the applicant on or before 30.11.2020. ii. The Applicant will have to give cheques/DD for the entire amount of Rs. 1,35,00,000/- (Rupees One Crore Thirty Five Lacs Only) to the PNB Housing Finance Limited in advance. iii. In case of any default on the part of the Applicant in complying with the aforesaid conditions of the OTS, and if any of the cheques given by the applicant do no get encashed or is bounced, the PNB Housing Finance Limited will be at liberty to proceed with the Recovery Proceedings, and further to initiated contempt proceedings against the Applicant. iv. Since time is essence of an agreement so in the even of default in payment of aforesaid settlement amount on or before stated time frame, PNBHFL shall have the right to reverse the waiver as given to borrower and shall appropriate the amount paid, if any, in any manner, the company may deem fit as per under the relevant clauses of loan agreement."
In reply to the affidavit filed by PNB Housing Finance Limited, applicant has also filed affidavit and in paragraph No. 3 of the said affidavit the facts mentioned in paragraph No. 16 of the affidavit filed by PNB Housing Finance Limited is accepted. Paragraph No. 3 is quoted below:-
"3. That in para. 16 of the affidavit filed by the Corporation, One Time Settlement in respect of the aforementioned loan has been approved to the tune of Rs. 1,35,00,000/- with certain conditions.
The conditions so referred in para.16 of the affidavit, is acceptable to the applicant. However, in order to meet out the conditions given in sub clause(2) to para. 16 of the affidavit, the applicant is giving the reference of all cheques/Demand Drafts to the tune of Rs. 1,35,00,000/-. The cheque is been issued by Sri Prateek Jain, who happens to be the guarantor in the aforementioned housing loan:-
Cheque Numbers/Demand Draft Numbers Amounts Dates D.D. No. 524124 Rs. 20,00,000/-
01.09.2020 Cheque No. 090290 Rs. 10,00,000/-
14.10.2020 Cheque No. 090291 Rs. 10,00,000/-
05.11.2020 Cheque No. 090292 Rs. 10,00,000/-
17.11.2020 Cheque No. 000457 Rs. 85,00,000/-
27.11.2020 Sri C.B. Yadav, learned Senior Counsel has handed over D.D. and all the Cheques mentioned above before this Court to Sri Ram Chandra, Advocate,E No. 4795/2014 (A/R- 1363/2017) who has accepted the same on behalf of Sri Pranjal Mehrotra, learned counsel for PNB Housing Finance Limited.
Considering the facts and circumstances of the case, let the applicant -Vijyant Jain, involved in case crime No. 2542 of 2018, under Sections 420, 467, 468, 471 and 120-B IPC, police station -Indra Puram, District -Ghaziabad be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfillment of following conditions:-
1. In case terms and conditions of One Time Settlement (OTS) is violated by applicant, it is open for the PNB Housing Finance Limited to proceed in accordance with law against the applicant to recover the money and further informant may also file bail cancellation application in case PNB Housing Finance Limited demands the remaining amount from the informant.
2. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
3. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
4. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
6. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
7. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
8. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 30.9.2020 Sartaj