Citation : 2023 Latest Caselaw 11503 P&H
Judgement Date : 1 August, 2023
PARVEEN KUMAR 2023.08.03 19:44 2023: PHHC:099327 CRM-M-37170-2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37170-2023 Date of decision: 01.08.2023 KANWALJEET SINGH ...Petitioner Versus STATEOFPUNJAB ------------ Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present:- Mr. Anoop Verma, Advocate,
for the petitioner.
HARNARESH SINGH GILL, J. (QRAL)
Through this petition, the petitioner seeks anticipatory bail in case bearing FIR No.109 dated 22.10.2019, registered at Police Station Bhikhiwind, District Tarn Taran, under Section 420 IPC.
Learned counsel for the petitioner contends that the alleged transaction of Rs.65,000/- in the bank account of the petitioner was made on 27.08.2018, but the above-noted FIR was registered on 22.10.2019 i.e. after an unexplained delay of more than one year, and that there is no such transaction on record. It is further submitted that the petitioner had neither demanded nor received any amount from the complainant and that in fact, the petitioner has never met the complainant.
Notice of motion.
On the asking of this Court, Mr. C.L.Pawar, Addl. A. G.
Punjab, accepts notice on behalf of the respondent-State, and submits that
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PARVEEN KUMAR 2023.08.03 19:44
2023: PHHC:099327
CRM-M-37170-2023
the petitioner had cheated the complainant of Rs.2 lakh, on the pretext of providing a job in the Food Department to him. It is further submitted that during investigation, the petitioner admitted that he had received the money from the complainant; that in pursuance of the compromise effected between the parties, the petitioner agreed to make the payment of Rs.85,000/-to the complainant on 01.05.2019, but he did not appear before the Inquiry Officer and was again called on 05.06.2019. However in spite of the assurance given by the petitioner even in writing, he did not make the payment to the complainant. It is further submitted that from the very beginning, the petitioner had an intention to cheat the complainant.
I have heard the learned counsel for the parties.
As per the prosecution version, the petitioner allured the complainant by stating that he (petitioner) was serving as S.A. in Electricity Board, Punjab, and he would arrange a govt. job in the Food Department for the complainant. The complainant had also made the payment of Rs.2 lakh to the petitioner, as demanded by the latter for the said purpose. It is also the case of the prosecution that despite having admitted the factum of receipt of money, the petitioner had not returned the same.
Such type of cases are increasing day by day where innocent job-seekers like the complainant are being allured and cheated on the pretext of providing govt. job.
Keeping in view the serious allegations against the petitioner, this Court finds that he is required for custodial interrogation to ascertain
the modus operandi of the alleged crime.
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2023: PHHC:099327
CRM-M-37170-2023
In view of the above, this Court does not find any merit in the
present petition.
Dismissed.
01.08.2023 (HARNARESH SINGH GILL) parveen kumar JUDGE
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
PARVEEN KUMAR
2023.08.03 19:44
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