Punjab-Haryana High Court
Randeep Singh Bhullar vs State Of Punjab on 23 August, 2024
Neutral Citation No:=2024:PHHC:109413
102.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM
CRM-M-40797-2024
Date of decision: 23.08
23.08.2024
Randeep Singh Bhullar .... Petitioner
Versus
State of Punjab .... Respondent
CORAM: HON'BLE MR. JUSTICE GURBIR SINGH
Present: Mr. Sumit Bajaj, Advocate and
Ms. Ekta Sharma,, Advocate, for the petitioner.
Ms. Manjot Kaur, AAG, Punjab.
Mr. Birinder Pal, Advocate and
Mr. Ayush Goyal, Advocate for the complainant.
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GURBIR R SINGH, SINGH J.
1. This petition has been filed under Section 482 of B.N.S.S., 2023 for grant of anticipatory bail to the petitioner in case FIR No. No.69, dated 28.06.2024, registered under Sections 406, 420, 465, 468, 471, 120 120-B B of IPC at Police Station NRI, SAS AS Nagar, Mohali.
2. The aforesaid FIR was registered on the complaint of Chanpreet Singh Dhanoa against the petitioner and three others. The contents of the complaint are as under:-
under:
"II Chanpreet Singh Dhanoa s/o Sh. Randeep Singh ingh Dhanoa am a resident of Flat No.No.4570, 4570, SAS Nagar (Mohali) and I am the director of FITRAT FILM STUDIOS PVT. LTD LTD.. I have earlier also submitted ed one compliant having UID 1 of 12 ::: Downloaded on - 28-08-2024 03:02:40 ::: Neutral Citation No:=2024:PHHC:109413 CRM-M-40797-2024 -2- no.2404500, the photocopy of which I am attaching with this application and now I want to inform you that I was out of country in connection with some of my work, due to which I could not take any action on my said application and now I want to present you some facts regarding my said application as follows:- That as you know that I have filed my first complaint against USA Resident Randeep Singh Bhullar, Axis Bank manager Rajinder Singh and film director Dapinderpal Singh. In this new application it is mentioned that Dapinderpal Singh, Randeep Singh Bhullar and the Axis bank Manager in mutual collusion have been conspiring against me since September, 2023 and were preparing some such papers with me under some pretext, seeing which it can be made out that Fitrat Film Studios or Chanpreet Singh Dhanoa are not the owner of this film but only as a service provider. I was unaware of this plot and I was assured by Dapinderpal Singh from time to time that I will get 100 percent of my money, because I have talked to Randeep Singh Bhullar, he will deal the film with a big production house in America and the same was confirmed to me by Randeep Singh Bhullar. After some time, Dapinderpal Singh started running away from his services and started delaying the post production of the film with a new excuse every day and I was told by Dapinderpal Singh that his car had broken down and he had to go to the police station every day and after some time Dapinderpal Singh was making excuses not to resume his services and after that he told me that his old company which has closed down, some of his old payments which the Centre Govt. had arrears, so he has to sit with his accountant every day. So he cannot give time to any film work. While it is now known that Dapinderpal Singh and Randeep Singh Bhullar had jointly incorporated a new company (Deep Bhullar Films Pvt. Ltd.) in the month of November 2023 under the pretext of these false stories and through this newly formed company they wanted to release this film by this company after cheating me, which is proved by them through the poster of the movie released in January 2024 and the songs released on YouTube. Recently I have come to know that the data of my movie which Kisandeep Bajpai, D.I. colourist and director of Nagada Film Studios Rajinder Panwar, was with both of them and I was repeatedly contacted through e-mail, phone, calls and WhatsApp messages to ask for data from both of them. I did not get any written response from them, but I was told by both of them on phone that all the data of the film and the final output of the film have been taken by Dapinderpal Singh, while Dapinderpal Singh has no right to take the said data of this film. Recently I have come to know that Dapinderpal 2 of 12 ::: Downloaded on - 28-08-2024 03:02:40 ::: Neutral Citation No:=2024:PHHC:109413 CRM-M-40797-2024 -3- Singh is going to Mumbai and trying to sell the film on the basis of this data and this information has also been sent by me to the censor board. That Randeep Singh Bhullar has two bank accounts in Axis Bank Phase 7 Mohali, for his bank work I used to meet the bank manager Rajinder Singh very often, because of which the bank manager Rajinder Singh knew me well. On 12-12-2023 Randeep Singh Bhullar called me through WhatsApp call and invited me to Axis Bank Mohali Phase 7, when I reached the bank Randeep Singh Bhullar was sitting in Rajinder Singh's cabin (bank manager) and Randeep Singh Bhullar asked me to sit in the bank manager's cabin. Then Randeep Singh Bhullar showed me a cheque of Rs. 70,80,000/- and I was told that he is making half of my payment today and will complete the remaining payment in February, 2024. Along with this, I received an RTGS form from the bank manager. I was asked to fill the form, after which I asked Randeep Singh Bhullar to drop a cheque in the name of my firm, because the checque was brought under the signature of Randeep Singh Bhullar That was a cheque for "Yourself". But as soon as I heard this, the bank manager sitting next to me assured me that you should not worry, I will clear your check today or tomorrow evening and your payment will reach your account. After this, Randeep Singh Bhullar and Dapinderpal Singh came to my studio with some papers and I was asked to sign them. When I saw, those papers were already notarized and after showing those papers, Dapinderpal Singh told me to sign the documents because these documents are from USA. It is necessary to send it to the film production house today, otherwise the film deal will be spoiled. That is why I trusted the documents and Dapinderpal Singh and signed the documents without reading them. After which I handed over the raw data of the film which was in four hard drives and the converted data of the film which was in a separate drive to Randeep Singh Bhullar. After that, when I did not packet till the evening of the next day, I immediately called Randeep Singh Bhullar, but he did not answer my call. After which I contacted the manager of the bank yesterday, he did not give me any satisfactory answer regarding the said payment. After this I tried to contact Randeep Singh Bhullar several times through call and WhatsApp message but I did not get any response. When I went to meet the bank manager Rajinder Singh in the bank two days after this incident, he showed me the cheque and said that I have your cheque, don't worry, your payment will be in your account. In this way, the said bank manager kept harassing me for 15 days, but when I called the bank manager after 15 days, I asked the bank manager to return the cheque and for which I was told that the 3 of 12 ::: Downloaded on - 28-08-2024 03:02:40 ::: Neutral Citation No:=2024:PHHC:109413 CRM-M-40797-2024 -4- said cheque was destroyed and I don't know anything about your payment. After which I tried to know about the rules of the bank of yourself cheque, I found out that no manager or employee of the bank can keep yourself cheque and it is necessary to clear the payment on the same day as per the date written on the cheque, whereas The bank manager kept the cheque with him for several days. From which it is clear that Randeep Singh Bhullar and Bank manager Rajinder Singh have been misleading me by showing me a wrong cheque under the mutual payment scheme. Due to which I am facing a lot of financial loss and mental anguish. Therefore, it is a request to you that strict legal action be taken against the said USA resident Randeep Singh Bhullar, Director of the film Dapinder Pal Singh, Manager of Axis Bank Rajinder Singh, Director Rajinder Panwar of Nagada Studio and DI Colourist Sandeep Bajpayee for taking all the data of the film by fraudulently showing yourself cheque and please give me justice."
3. Learned counsel for the petitioner has argued that the petitioner is a proprietor of M/s Deep Bhullar Pakkiwala Production LLC, registered office at Georgia State, United States of America, and is indulged in the business of production, distribution and marketing of cinematographic films, including feature films, music/video, songs etc., whereas the complainant is running a firm under the name and style of M/s Fitrat Film Studios which is a production Company previously known as New Days Services. The petitioner has been working with the complainant since September, 2020. The petitioner hired the Company of the complainant in the year 2022 for the production of a cine film namely "Zorawar Di Jacqueline". It was mutually agreed that the petitioner shall incur the entire expenses required for the production of film as a producer and the complainant operating as a Production Company, shall make all other arrangements. The petitioner kept on making timely payments to the 4 of 12 ::: Downloaded on - 28-08-2024 03:02:40 ::: Neutral Citation No:=2024:PHHC:109413 CRM-M-40797-2024 -5- complainant as per the demand raised by the complainant. The petitioner made payments of approximately Rs.1.13 crores to the complainant by way of bank transfers. Copies of receipts and account statement are annexed as Annexures P-2 and P-3. However, despite receiving said hefty amount of Rs.1.13 crores, the complainant failed to deliver the film and when the petitioner insisted, the complainant assured the petitioner that the film would be delivered complete in all respects by 01.12.2023 and also executed an affidavit dated 14.11.2023 (Annexure P-4) in this respect on a stamp paper purchased by the complainant himself. On 05.12.2023, a mutual agreement was executed between M/s Fitrat Film Studios, the complainant, and M/s Deep Bhullar Pakkiwala Production LLC, the petitioner, on a stamp paper purchased by the complainant himself. Copy of agreement dated 05.12.2023 and undertaking are annexed as Annexures P-5 and P-6. The said agreement dated 05.12.2023 clearly stipulates that the complainant has received full and final consideration on account of rendering their services and on account of assignment of all the copy rights and service charges/royalty and shall have no further claim on account of any royalty etc. against the petitioner. The said agreement also stipulates that the complainant has handed over all kinds of rights including cinemascope, theatrical rights, musical work, commercial, non-commercial etc. to the petitioner. As per the said agreement, the film "Zorawar Di Jacqueline" has been made only on the expenses incurred by the petitioner as a Producer and the complainant has been paid full consideration amount.
5 of 12 ::: Downloaded on - 28-08-2024 03:02:40 ::: Neutral Citation No:=2024:PHHC:109413 CRM-M-40797-2024 -6- However, the complainant withheld the master copy, backup files and raw data of the film in the shape of hard drives with him and did not handover the same, in terms of agreement dated 05.12.2023. On 12.12.2023, the complainant executed another affidavit and undertook to handover the remaining data in the shape of master copy, back up files, raw data etc. in the form of hard drives. However, the data in the hard drives handed over by the complainant was not complete and the petitioner had to incur extra cost of Rs.20 lakhs for the post production works regarding the film in question.
3.1 It is further argued that the allegation levelled in the FIR that a cheque amounting to Rs.70,80,000/- drawn on the NRE account of the petitioner was issued for the purpose of RTGS transfer in favour of the complainant and the same was handed over to the Axis Bank Manager, is totally false. Whereas said cheque was simply kept with the Branch Manager for transferring the amount after the consolidation of the money lying in two other bank accounts of the petitioner with the same bank and not for transferring any amount in favour of the complainant. The complainant being in friendly relations with the petitioner accompanied the petitioner to the bank and has tried to project the aforesaid circumstances. 3.2 Further, another allegation against the petitioner is regarding forgery of tax invoice dated 06.05.2022 (Annexure P-8) that the petitioner has inserted the name "Zorawar Di Jacquelin" in place of "Drugs & Dream". In fact, said invoice was sent by the complainant himself through 6 of 12 ::: Downloaded on - 28-08-2024 03:02:40 ::: Neutral Citation No:=2024:PHHC:109413 CRM-M-40797-2024 -7- the whatsApp from his mobile number to the mobile number of the petitioner. The whatsApp chats clarifying the averments of the petitioner are annexed as Annexures P-9A, P-9B and P-9C. The forgery, if any, is committed by the complainant and not by the petitioner. Petitioner is ready to clarify said fact by handing over his phone to the police if he is granted an opportunity to join the investigation. Even the Court of learned Additional Sessions Judge had directed the complainant to hand over his mobile phone in order to know the veracity of said document, but the complainant did not hand over his mobile phone to the Investigating Agency. The complainant has been usurping money from the petitioner in various pretexts and lodged a false FIR.
4. Notice of motion.
5. Ms. Manjot Kaur, AAG, Punjab, who is present in Court, accepts notice on behalf of respondent-State.
5.1 Appearance has also been caused by Mr. Birinder Pal, Advocate on behalf of the complainant and filed his Power of Attorney in Court today, which is taken on record. He has also filed brief note along with Annexures C-1 to C-8. The same are taken on record. 5.2 It is submitted that earlier the complainant owned a sole proprietorship concern in the name of "New Days Services" and has been working in the field of Media Entertainment through that firm. Subsequently, he incorporated a Company, namely, Fitrat Film Studies Private Limited, on 10.05.2022. Copy of Incorporation Certificate is 7 of 12 ::: Downloaded on - 28-08-2024 03:02:40 ::: Neutral Citation No:=2024:PHHC:109413 CRM-M-40797-2024 -8- annexed as C-1. There is nothing on record to show that the complainant executed any document in favour of the petitioner that in the year 2022, petitioner hired the complainant for cine film i.e. Zorawar Di Jacqueline. It was the petitioner who initiated the project of said cine film and before initiating the project, got registered the said title in the name of the complainant's firm. A certificate to that effect is appended as Annexure C-
2. The company of the petitioner as well as the complainant had been working since long and completed multiple projects. The film Drugs & Dreams was released under the banner of petitioner and the complainant was the Executive Producer. The post of movie as appended as Annexure C-3. Multiple songs and other projects were also executed. The screenshots displaying the credits in the name of complainant are appended as Annexure C-4. The complainant had raised an amount of Rs.58 lakhs from the petitioner and rest he raised from his investors to complete the film. Since there was shared investment by the complainant and the petitioner, so both shared a relation of co-producers. The film posters shared on the social media on different dates i.e. 05.03.2023, 09.03.2023, 08.07.2023 and 02.04.2023 are appended herewith as Annexure C-5. The complainant is shown as co-producer. After the completion of film, the petitioner and co- accused Dapinder Pal Singh proposed that since the petitioner was having a client in America who would buy their entire project, so they should sell the same. The complainant agreed for the same. In fact, the petitioner and co- accused incorporated a new Company, namely, Deep Bhullar Films Private 8 of 12 ::: Downloaded on - 28-08-2024 03:02:40 ::: Neutral Citation No:=2024:PHHC:109413 CRM-M-40797-2024 -9- Limited with an ulterior motive to fraudulently acquire the rights of the film and then to release the same through their own Company. However, when the complainant refused the proposal, the petitioner called the complainant to the Axis Bank, Branch Phase-7, Mohali and while sitting with the Bank's Branch Manager, namely, Rajinder Singh, handed over a cheque of Rs.70,80,000/- to the Branch Manager and in the presence of complainant asked the Manager to transfer this amount in the account of complainant. The Manager assured that the said amount would be forwarded in his account positively by the next day morning i.e. 13.12.2023. In the evening of 12.12.2023 itself, the petitioner presented a Copyright Transfer/Sale Agreement-cum-Mutual Agreement dated 05.12.2023, which was already attested by Gurmeet Singh, Notary Public. On the insistence of petitioner and co-accused, the complainant signed the said already attested agreement. One another affidavit signed by the complainant was already attested without his signatures being affixed on it.
5.3 It has been further argued that in the tax invoice dated 06.05.2022, name of the firm has been mentioned as New Days Services, which has no relation with the film, in question. Moreover, a stamp of Fitrat Films has been affixed along with forged signatures of the complainant. When the Company was incorporated on 10.05.2022, then how an invoice could be generated in his favour on 06.05.2022. Even the title of movie was first registered in February, 2023 and there was no question of receiving any payment in May, 2022 with respect to said film. The tax 9 of 12 ::: Downloaded on - 28-08-2024 03:02:40 ::: Neutral Citation No:=2024:PHHC:109413 CRM-M-40797-2024 - 10 -
invoices were sought from the petitioner, but the petitioner did not respond even once to his messages. All the tax invoices are appended as Annexure C-6 and the certificate of the CA (Chartered Accountant) is appended as Annexure C-7. Even tax message was also sent to Rajinder Singh, Branch Manager, Axis Bank that payment was not received. The statement of said Manager was recorded during investigation that the cheque was given to him for transferring the amount to the complainant but same was taken by the petitioner. The complainant has already handed over his mobile phone to the Investigating Officer.
6. I have heard the submissions of learned counsel for the parties and have gone through the file.
7. Mainly there are two issues, one is about cheating the complainant of Rs.70,80,000/- by the petitioner; and another is forgery of the invoice. The Company of complainant was incorporated on 10.05.2022. The first affidavit of the complainant is dated 14.11.2023 (Annexure P-4) whereby the complainant agreed to deliver the project by December 1, 2023. Mainly the agreement between Fitrat Film Studios through the complainant and M/s Deep Bhullar Pakkiwala Production LLC through the petitioner was executed on 05.12.2023 that the complainant made a feature film Zorawar Di Jacqueline and all the expenses were borne by the petitioner, the first party i.e. complainant had given all the rights of the said film to the petitioner, the first party had received the entire full and final consideration. The complainant has submitted that he put signatures on the 10 of 12 ::: Downloaded on - 28-08-2024 03:02:40 ::: Neutral Citation No:=2024:PHHC:109413 CRM-M-40797-2024 - 11 -
already attested documents by the Notary. It is a question of investigation if already attested agreement was signed by the complainant. There is also an affidavit sworn by the complainant dated 12.12.2023, duly attested by the Notary, that Fitrat Film Studios Private Limited would hand over Raw Data, Shoot data, master files etc. in the form of hard drives to the petitioner. The Manager of the Bank has suffered the statement before the police that cheque of Rs.70,80,000/- was given to him for transferring the amount in the account of the complainant and lateron payment was not credited in the account of complainant and said fact is further corroborated from the whatsApp chat on the mobile phone of the complainant. From the documents relied by the petitioner, it can be concluded that the entire matter was settled by giving cheque of Rs.70,80,000/- to the Branch Manager by the petitioner with instructions to transfer the amount and thereafter, after receiving of the project, said amount was not transferred, rather cheque was taken back. So, prima facie, it is a case of cheating. There are also allegations that the petitioner forged the invoice dated 06.05.2022 in favour of New Days Services, whereas the version of the petitioner is that said invoice was forged by the complainant. It requires thorough investigation. At this stage, it is too early to comment upon the same. Thus, the custodial interrogation of the petitioner is necessary to bring truth on the file. When a person is equipped with favourable order of anticipatory bail, then interrogation becomes mere ritual. The petitioner is having its registered 11 of 12 ::: Downloaded on - 28-08-2024 03:02:40 ::: Neutral Citation No:=2024:PHHC:109413 CRM-M-40797-2024 - 12 -
office in America. He is also residing there. It is not possible to procure presence of such a person if he does not join investigation.
8. In the light of above discussion, I am of the view that it is not a fit case where the petitioner is entitled for grant of anticipatory bail. Accordingly, the present petition is dismissed.
9. Anything observed hereinabove shall have no effect on the merits of the case as it is only for the purpose of deciding the present petition. The trial Court shall decide the case on the basis of material available before it.
(GURBIR SINGH) JUDGE August 23, 2024 sanjeev Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 12 of 12 ::: Downloaded on - 28-08-2024 03:02:40 :::