Court dismisses bail in Rs 6.5cr cheating case

CHANDIGARH: The court of additional district and sessions judge Rajeev Goyal dismissed the anticipatory bail plea of Manju Garg, director of AP Enterprises, and her son Shiv Garg, in a case where they were accused of cheating Rs 6.5 crore from a Chandigarh-based businessman.

Garg had filed the application for bail on the ground that she was not actively involved in the business of the company and she had not in any manner dealt with the transactions of complainant’s company. However, the complainant, Deepak Garg, a resident of Sector 40, Chandigarh, and director of Sylvan Greens Pvt Ltd, Solan, has alleged deep-rooted conspiracy against him and other similarly situated companies/persons, hatched by Narinder Garg, petitioner Manju Garg and their son Shiv Garg, a few years ago. According to him, the three created other business concerns and slowly diverted the funds of AP Enterprises to their other concerns and further took properties from the debtors of AP Enterprises into their individual name or other concerns and thereby further diverting/siphoning of funds of AP Enterprises in order to declare it as insolvent and to cheat the various creditors of AP Enterprises.

The complainant also said that he came across some documents, that showed that the petitioner was not a sleeping director, but was actively involved in the affairs of AP Enterprises and was also getting salary from AP Enterprises. The documents also show some of the assets made by her from diverting the funds of AP Enterprises in order to cheat its creditors.

The complaint was filed by Deepak Garg, resident of Sector 40, Chandigarh, director of Sylvan Greens Pvt Ltd, Solan.

According to Deepak Garg, his company manufactures Kraft papers and the three approached his firm for supply of Kraft papers in 2013. Although, initially they made timely payments, gradually they started dilly-dallying and in July 2018, Deepak Garg’s company stopped the supply, as the three accused owed Rs 6,34,04,136 to him. He also alleged that even though he was issued 25 cheques against his dues, all the bank accounts of the accused was frozen.