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Judgment
21 paragraphs · 380 wordsRaj Mohan Singh, J
The case has been taken up for hearing through video-conferencing.
Petitioner seeks No.264, dated 18.06.2020, 1860, registered at Police Nagar, (Mohali). regular bail in case bearing FIR under Sections 406,420,120B
IPC Station Zirakpur, District S.A.S.
As per allegations, the petitioner was known to the complainant. He is alleged to have cheated the complainant in a sum of Rs.10 lacs for which even
a cheque was issued by the petitioner.
As per prosecution, the petitioner was running a company namely Winona International MLM which is situated at Office No.316, Third Floor, Global
Business Park, Zirakpur. He and his wife are running the business of networking by making members and by involving them in money investment
under the pretext of making double of the amount. Petitioner assured the complainant in this manner and the complainant paid Rs.5 lacs to him on
different dates. The cheque bearing No.037398 in a sum of Rs.10 lacs was submitted and the same was dishonoured on 17.10.2019. Thereafter, the
complainant demanded for his money and on refusal, the FIR in question came to be registered.
Learned counsel for the petitioner submitted that in fact the petitioner wanted to start his business of selling nutrition product and for that purpose he
contacted the complainant who is running a finance business. The complainant took a blank cheque as security of loan amount and thereafter filled the
same in the sum of Rs.10 lacs and submitted the same for encashment. The whole amount was repaid to the complainant but dispute arose in respect
of interest only. The petitioner is in custody since 24.12.2020.
Learned State counsel admits that the petitioner was arrested on 24.12.2020 and the challan has been presented on 22.02.2021 but charges have not
been framed so far. The offence is triable by the Magistrate. The trial of the case may take some time as charges have not been framed so far.
Taking into consideration the aforesaid facts and without meaning anything on the merits of the case, the present petition is allowed. Petitioner is
directed to be released on regular bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of trial Court/concerned Duty
Magistrate.
Nothing expressed hereinabove would be construed to be an opinion on the merits of the case.