New Delhi, March 5 The Supreme Court has issued notice on a plea against the Allahabad High Court order, which dismissed a plea challenging bail granted to Pranav Ansal, son of Sushil Ansal, in an alleged cheating and forgery case in connection with unauthorized booking in Sushanta Golf City, Lucknow.
A bench headed by Chief Justice N.V. Ramana and comprising Justices A.S. Bopanna and Hima Kohli said: "Heard learned senior counsel appearing on behalf of the petitioner. Issue notice, returnable within four weeks". The notice has been issued to Ansal and the Uttar Pradesh government. Senior advocate Anjana Prakash appeared for the petitioner before the bench.
The plea has been filed by Lucknow resident Sunita Agarwal through advocate Kumar Mihir. The plea claimed that the petitioner had filed a complaint on November 13, 2017 with the PGI, Lucknow police station alleging that various accused persons, including Ansal, have committed acts of cheating and forgery with respect to illegal and unauthorised booking of various flats/plots/villas situated in Sushanta Golf City, Lucknow. A case was registered under various sections, including cheating, in December 2017.
The investigation found the allegations substantiated against Ansal and one Harish Gulla and the police report was filed on December 19, 2019. Special Chief Judicial Magistrate (Custom), Lucknow issued summons against Ansal on December 24, 2019. Ansal proposed a settlement to the petitioner.
"The settlement acknowledged the claim of the Petitioner and promise that they would allot new properties to the Petitioner in addition to the retained properties and would adjust the amounts paid by the Petitioner in such a way that the property is newly allotted to them and retained by them would be completely paid-up and no amount would be outstanding towards the purchase price of the said properties", said the plea.
The plea contended that settlement deed on other papers was signed by the authorised representative, authorised vide company Board Resolution on September 9, 2019. However, the high court granted bail to Ansal on January 23, 2020.
The plea added that Ansal was released from custody, on the basis of the settlement deed, however, he did not adhere to promises made in the settlement.
"The Respondent No 2 (Ansal) denied having anything to do with the settlement deed and claimed that the executer of the said settlement deed is not an authorised representative at all. The said contention is not only clearly fallacious but also misleading. It is a matter of record that the Respondent No 2 filed a supplementary affidavit annexing the settlement deed before the High Court and sought bail before the High Court on the ground of the settlement arrived at between the parties", added the plea.
The high court dismissed the petitioner's plea against bail to Ansal on November 1, 2021.
The petitioner moved the top court seeking a direction to set aside the bail order of the high court.
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