Kamaljeet Singh Saini @ Kamaljit Singh v. State Of Punjab
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5 'Application по. 07PC03 dated 11.06.2024 and PGD 357819, the subject of which is as under: To the SHO Dakha, Ludhiana, Dear Sir, I Inder Mohan Jain, Director of C Mohan Knitters Pvt. Ltd. hereby inform you that our registered address is backside E11/1123. Village Karabara, Bahadur Ke road, and factory address is Hambran Industrial Zone, Hambran Chak Road, Ludhiana and during the time our imported machinery was delivered at factory. Amended GST certificate of factory
address also attached for your reference. Thanks and regards For C Mohan Knitters Pvt. Ltd. Director which was inquired into by DSP Dakha who sent his enquiry report to Senior Superintendent of Police, Ludhiana (Rural), the subject of which is as under: "To Senior Superintendent of Police, Ludhiana (Rural) no. 829 5A/D SP Dakha dated 05.06.2024 subject report regarding application no. PGD no. 357819 dated 30.05.2024. Sir, name of applicant and address: Inder Mohan Jain, Director of C Mohan Knitters Pvt. Ltd. Name and addresses of opposite party Kamaljeet Singh Saini son of Bahadur Singh, resident of Golden Avenue, Hambran road, Ludhiana. Allegations levelled regarding cheating by supplying machines of some others company after settling the deal for giving machines meant for dying of Fongs company.
Regarding the allegations levelled earlier: no, detail of enquiry held: no. Witnesses/proof produced by the applicant party: documents of company, copies of bills, pen drive and photographs. Details of others documents came during the enquiry conducted by the Enquiry Officer: No. Parawise report regarding the allegations levelled by the applicant: The aforesaid PGD numbered application has reached me in peshi after enquiry by SHO PS Dakha according to which, from the secret and open enquiry statement recorded and documents produced, it has been revealed that applicant Inder Mohan Jain aforesaid who is doing business of manufacturing of clothes and its sale and who has installed his new factory at village Chak Kalan on Hambran Road to village Chak Kalan Road.
Applicant Inder Mohan Jain has good business relations since long with Kamaljeet Saini son of Bahadur Singh resident of house no. 39, Golden Avenue Hambran Road, Ludhiana due to which it is possible that he is having knowledge about the work and factories of the applicant.
need, he will get arranged for him the old dying machines which will be in new condition at cheaper rate. Due to this, the applicant was enticed to the talk of Kamaljeet Saini and told him to get arranged 3 machines of 250 Kilo model 2015, at 90,000/ USD i.e. 30,000 USD per machine from one Chinese company Qingdao Haizhenngxin Dyeing & Finishing Equipment Coh. Ltd. no. 312 Changhun Road, Shuangbu Industrial park, Liutin, Chengyang District, Qingdao, Shandong Province China. Before the deal was settled, Kamaljit Saini assured the applicant that it will be his whole responsibility regarding the deals and machines. As per the statement of applicant, he had told Kamaljeet Saini to take machines of Fongs Company regarding which Kamaljeet Singh Saini had taken the whole responsibility. Upon this, in the last week of August 2022.
The applicant paid to Kamaljeet Saini aforesaid about 90,000 USD in cash and on the asking of Kamaljit Saini remaining 72,000 USD were transferred in the main of aforesaid company on 30.09.2022 in account no. 37150198651000002838 China Construction Bank Corporation, Qingdo Branch Licang Sub Branch. Upon this the aforesaid company issued one certified bills regarding purchase of three second hand reconditions Fongs dying machines ECO 6IT 250 KG and delivered the shipment of the aforesaid machines on 09.02.2023. Regarding this the applicant had produced copy of invoice issued by the company. As per statement on reaching the aforesaid machines in the factory, the applicant came to know that the machines asked for by him where not of Fongs company nor was there any mark of Fongs company upon them.
Rather the machines were in a very bad condition and the same were having joints of welding at many places. Had these been operated after being installed, these could burst and could cause a huge physical and financial loss.
company. The applicant had paid total 90,000 USD to Kamaljit Saini for the purchase of machine of Fongs company but the machine which he got provided, their market rate is about 25,000 USD. As told by applicant Inder Mohan Jain, and after hearing the talk with Kamaljeet Saini aforesaid, it is clear that there had been a talk earlier also with respondent Kamaljit Saini aforesaid regarding purchasing the machine. Besides this, during enquiry, the applicant has produced a hand written writing on which Kamaljit Saini put his signature on 14.09.2022 and has given the rate of machine in writing of different capacity. Then as per oral promise, have not brought the machine of Fongs company whereas the logo of some other company has been marked.
From the enquiry conducted till now it has been revealed that Kamaljit Saini is doing the business of sale purchase of the aforesaid machines who enticed applicant Inder Mohan Jain in his talk and has given three dying machine from China. When reached the factory, the aforesaid machines are not of Fongs company. Kamaljit Saini aforesaid has received commission of 18,000 USD and has got machines at cheaper rate from some other company, prima facie offences under section 406, 420 IPC are made out. Action which has been recommended: Agreeing with the report of SHO PS Dakha, order may be passed for registration of FIR against Kamaljeet Saini aforesaid and for investigation. Report is submitted. Sd/ Deputy Superintendent of Police, Sub Division Dakha.
On this Worthy SSP Ludhiana Rural has written SHO Dakha Register the case & investigate Sd/ Senior Superintendent of Police Ludhiana (Rural) dated 15.06.2024. On this, the applications alongwith enquiry report having been received today in police station, FIR under the aforesaid offence against Kamaljeet Saini aforesaid is being registered. The record is being got completed. After completion, FIR alongwith original application and enquiry report (page no.
being handed over to ASI Taresm Singh no. 246 for investigation. DCR is being informed through wireless.' /42$42-/4& 45$16,./.21$7$2-2-/4$% 4
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-7 5 'When the High Court or the Court of Session makes a direction under subsection (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including (i) a condition that the person shall make himself available for interrogation by a police officer as
(iv) such other condition as may be imposed under subsection
(3) of section 480, as if the bail were granted under that section.'
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anuradha Whether speaking/reasoned Yes/No Whether reportable Yes/No