Deepak Kumar And Anr vs State Of Haryana
2023 Latest Caselaw 22022 P&H

Punjab-Haryana High Court

Deepak Kumar And Anr vs State Of Haryana on 15 December, 2023

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203

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Crl. Misc. No. M-57044 of 2023
Date of Decision: December 15, 2023

Deepak Kumar and another
seeeee Petitioners
versus

State of Haryana
bees Respondent

CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR

kK

Present:- Mr. Jasbir Singh Ahlawat, Advocate
for the petitioners

Ms. Geeta Sharma, DAG Haryana

Mr. Wazir Singh, Advocate
for the complainant

36 2 2

Harpreet Singh Brar, J. (Oral)

1. Prayer in the petition under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No.0245 dated 24.06.2023 registered under Sections 120-B, 420 IPC (Sections 406, 506 IPC added later on) at Police Station Thanesar City, District Kurukshetra. .

2. On 15.11.2023, following order was passed by the Co-ordinate Bench of this Court:-

"The present petition has been filed under Section 438 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C) for grant of anticipatory bail to the petitioners in FIR No.0245 dated 24.06.2023 registered under Sections 120-B, 420 IPC at Police Station Thanesar City, District Kurukshetra.

Learned counsel for the petitioners, inter alia, contends that the present FIR was lodged on the allegation of the complainant that the

ae

integrity of this order/ judgment Chandigarh

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2023.12.16 12:00

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complainant has been cheated to the tune of Rs.53,56,000/-. It is further contended that complainant is a distributor of the company M/s Dehra Milk Foods Pvt. Ltd., which is engaged in the business of supplying milk and milk products. The petitioner No.1 is the authorized representative and petitioner No.2 is the Director of the above company. The present dispute is purely of civil nature and there are allegations and counter allegations with regard to the amount due. The petitioners have already approached the Samadhaan Micro and Small Enterprises Facilitation Council by filing three applications (Annexures P3 to P-5) under Section 18 (1) of Delayed Payment to MSE of the Micro, Small and Medium Enterprises Development Act, 2006. The punishment prescribed for the offences alleged in the FIR is upto 7 years.

Notice of motion.

On the asking of the Court, Mr. Gurmeet Singh, AAG, Haryana who is present in Court, accepts notice on behalf of the respondent- State and opposes the prayer for grant of anticipatory bail to the petitioner.

Mr. Wazir Singh, Advocate has put in appearance on behalf of the complainant and files his vakalatnama, which is taken on record. He opposes grant of anticipatory bail to the petitioners on the ground that they have cheated the complainant and have admitted their liability by issuing a cheque bearing No.265873 dated 03.11.2022, amounting Rs.28,56,000/-, which has been dishonoured.

In the meantime, keeping in view the law enunciated by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) 2023 SCC OnLine SC 352, at the first instance, the petitioners are directed to appear before the Investigating Officer on or before 24.11.2023 and on their doing so or in the event of arrest, the petitioners shall be admitted to interim bail on furnishing of bail/surety bond to the satisfaction of the Investigating/Arresting Officer. The petitioners shall cooperate with the Investigating Officer and abide by the

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conditions as provided under Section 438 (2) Cr.P.C.

If the Investigating/Arresting Officer does not permit the petitioners to join the investigation, the petitioners would appear before the Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioners in investigation, in terms of the order of this Court.

Adjourned to 15.12.2023.

Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall

proceed without being prejudiced by observations of this Court. "

3. Learned State counsel, on instructions from SI Ram Parkash, states that pursuant to order dated 15.11.2023, the petitioners have joined the investigation and are no more required for custodial interrogation.

4. In view of the statement of learned State counsel, order dated 15.11.2023 is made absolute. The petitioners shall abide by the terms and conditions enumerated in Section 438(2) Cr.P.C.

5. Petition stands disposed of.

6. Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and trial court shall proceed without

being prejudiced by observations of this Court.

(HARPREET SINGH BRAR) JUDGE December 15, 2023

Fecha

Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No

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2023.12.16 12:00

| attest to the accuracy and integrity of this order/ judgment Chandigarh