Amarjit Singh vs State Of Punjab

Raj Mohan Singh, J

The case has been taken up for hearing through video-conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C. in case bearing FIR No.200 dated 29.12.2020 registered under Section 420 IPC

at Police Station Khamanon, District Fatehgarh Sahib.

Notice of motion was issued on 13.01.2021 after noticing the argument of learned counsel for the petitioner that an earnest money to the tune of

Rs.16,50,000/- was paid to the complainant vide cheque dated 14.03.2019 drawn at Bank of Baroda. Remaining amount was paid in cash and the

petitioner had also given a blank signed cheque to the complainant as security for the remaining amount. The remaining amount of Rs.1,53,000/- was

also paid in cash to the complainant. When the petitioner asked for return of blank cheque given as security, the complainant took the plea that the

same had been mis-placed. Thereafter, the petitioner received a legal notice dated 25.11.2019 from the office of Mr. M.S. Kang, Advocate and the

said notice was got issued by the complainant in respect of dishonouring of cheque No.000024 dated 04.11.2019 in a sum of Rs.17,50,000/-. The

cheque in question was the same cheque which was given to the complainant as security. The complainant had mis-used the security cheque by filling

the amount of Rs.17,50,000/- in order to commit fraud with the petitioner. The liability of the petitioner was only to the extent of Rs.18,03,000/- and by

forging the cheque, the complainant intended to get total amount of Rs.34 lacs.

Learned State counsel on instructions from SI Pawan Kumar submits that the petitioner has joined the investigation, however, the amount is still to be

recovered.

In view of contention raised by learned counsel for the petitioner, the liability of the petitioner to pay to the complainant would be debatable in view of

the facts noticed hereinabove.

At this stage, without meaning anything on the merits of the case, I deem it appropriate to confirm the order dated 13.01.2021.

In view of above, order dated 13.01.2021 is hereby made absolute.

However, the petitioner shall keep on joining the investigation as and when required to do so by the Investigating Officer and shall abide by the

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