Gurmeet Kaur Sodhi And Ors vs State Of Punjab

JUDGMENTTAG-JUDGMENT

Raj Mohan Singh, J

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

This petition has been filed under Section 438 Cr.P.C. seeking anticipatory bail in case bearing FIR No.327 dated 21.8.2020 under Sections 406, 420

and 120-B IPC and Section 13 of the Punjab Travel Professionals (Regulation) Act, 2014 registered at Police Station Zirakpur District SAS Nagar.

On 16.10.2020, while issuing notice of motion, following order was passed by this Court :-

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

Learned Senior Counsel for the petitioners contends that the alleged payment of Rs.10,00,000/- is not followed by any cash receipt or legal mode of

transfer. The alleged payment is conspicuous in respect of date of payment. The complainant has not shown the source of acquiring the aforesaid

amount. Petitioners were running a drug chemical facility in the name of M/s Kudos Chemie Limited and they do not know the complainant as they

had never met him. They had no dealing with the complainant. As per the allegations, the complainant was allegedly introduced by one Chanan Singh

in the alleged context of going abroad. Petitioners are not dealing with any such agency of sending people abroad.

Notice of motion for 01.12.2020.

In the meanwhile, petitioners are directed to appear before the SHO/Investigating Officer to join investigation on 20.10.2020 at 11.00 a.m. and in the

event of their arrest, they shall be enlarged on ad interim bail, on their furnishing requisite bail bonds/surety bonds subject to the satisfaction of

Arresting Officer. However, petitioners shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.â€​

Learned State counsel, on instructions from SI Ajit Singh, states that though the petitioners have joined the investigation, but they have not cooperated

with the Investigating Officer in facilitating the recovery of amount.

Learned State counsel has admitted that there is no other case against the petitioners nor any statement of any other victim has been recorded in the

context of duping him for sending abroad.

Learned counsel for the petitioners submitted that the alleged payment of Rs.10,00,000/- has prima facie not been proved by way of any cash receipt

and legal mode of transfer of the same in the account of the petitioners. Even the date of alleged payment has not come forth on record. The source

of the aforesaid amount available with the complainant would also remain debatable. Petitioners are running a drug factory in the name of M/s Kudos

Chemie Limited and they do not know the complainant in any manner nor had any dealing with the complainant in the past.

At this stage, without meaning anything on the merits of the case, interim order dated 16.10.2020 is made absolute. However, the petitioners shall keep

on joining the investigation as and when required to do so and they shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of accordingly.