Loss Caused To Hundreds Of Home-Buyers: Punjab & Haryana HC Directs Trial Court To Conclude Trial Of Realtor In Fraud Case Within 4 Months

The Punjab & Haryana High Court said that a Court is obligated to ensure that 'justice not only has to be done but it should look to have done', while directing the trial court to conclude trial within four months in a complaint pertaining to fraud allegedly committed upon home buyers by Punjab realtor Jarnail Singh Bajwa.

Justice Sandeep Moudgil said, "Speedy trial secures rights to an accused but it does not preclude the rights of public justice. The nature and gravity of crime, persons involved, social impact and societal needs must be weighed along with the right of the accused to speedy trial and if the balance tilts in favour of the former the long delay in conclusion of criminal trial should not operate against the continuation of prosecution and if the right of the accused in the facts and circumstances of the case and exigencies of situation tilts the balance in his favour, the prosecution may be brought to an end."

 The application was filed by one Kuldeep Mittal seeking directions to conclude the complaint case within a period of three months with further direction to officials to register an FIR against accused persons for the commissioning of the offence of cheating and fraud with the applicant/petitioner to the tune of Rs.2.5 Crores in the year 2012.

After hearing the submissions, the Court referred to the Apex Court's decision in Anokhilal v. State of Madhya Pradesh [CRA-62-63 OF 2014 SC] to underscore that “Expeditious disposal is undoubtedly required in criminal matters and that would naturally be part of guarantee of fair trial. However, the attempts to expedite the process should not be at the expense of the basic elements of fairness and the opportunity to the accused, on which postulates, the entire criminal administration of justice is founded. In the pursuit for expeditious disposal, the cause of justice must never be allowed to suffer or be sacrificed."

Justice Moudgil opined that the ratio of Mutatis Mutandi of Anokhilal case would apply keeping in view the exigencies in the matter involved in the form of monetary loss caused to hundreds of home-buyers wherein a large number of complainants have been filed against Jarnail Singh Bajwa for allegedly committing fraud and cheating.

"In various cases even the investigation has not been completed for more than six years and even some of the cases noticeable period of more than a decade has been lapsed without any progress in the investigation what to talk of bringing the accused-respondent No.4 (Bajwa) to book," the judge observed.

Directions To Attach Bank Account

Furthermore, the Court noted that Bajwa had concealed details of the bank account when he was asked to furnish all the details and directed to attach all the bank accounts.

"This Court being sanguine of the casual approach adopted by respondent No.4 deems it appropriate to direct the attachment of all the bank accounts as detailed in the affidavit filed today in Court, owned by M/s Bajwa Developers Limited, Bajwa Land Developers and Promoters Private Limited and in the name of Jarnail Singh Bajwa-respondent No.4, forthwith," the Court said.

While directing the CJM of Mohali to ensure implementation of the direction to attach the bank account by 12 PM tomorrow, the Court said if Bajwa made any attempt to withdraw the amount the action would be liable for initiation of proceedings under the Contempt of Courts Act.

The matter is listed for October 01, for further proceedings.

Mr. R.K. Jaswal, Advocate for the petitioner.

Mr. Jaspal Singh Guru, AAG, Punjab.

Mr. Bipan Ghai, Sr. Advocate with Mr. Nikhil Ghai, Advocate, Mr. J.S. Dhaliwal, Advocate and Mr. P.S. Bindra, Advocate for respondents No.4 to 6.

Title: Kuldeep Mittal v. State of Punjab & Anr.

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