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Punjab & Haryana High Court Grants Bail To One Held For Duping Man Of ₹35 Lakhs On Pretext Of Sending His Son Abroad

Drishti Yadav
4 July 2022 5:30 AM GMT
Centre Notifies, Appointment, 11 Advocates, Additional Judges, Punjab And Haryana High Court,

The Punjab and Haryana High Court while dealing with a regular bail plea in a case where the petitioner alongwith his mother were said to have duped the complainant for a sum of Rs.35,00,000/- on the pretext of sending his son to Canada, granted the concession of bail to the petitioner on the ground that his co-accused (mother) has already been enlarged on bail and he has undergone incarceration of nearly two months.

Taking into consideration that fact that the co-accused of the petitioner, to whom the attribution of inducement is made, has already been enlarged on bail. Besides, the petitioner has already been undergone an actual incarceration of nearly two month since his arrest.

The bench comprising Justice Vinod S. Bhardwaj added that further custodial interrogation of the petitioner is not warranted.

The complainant alleged that the Petitioner collected the aforesaid amount from him but failed to meet his obligations. Thereafter, the Petitioner is said to have drawn a cheque in the complainant's favour which allegedly came to be dishonoured.

The Petitioner argued that the complainant is completely unknown to him and that there had been no transaction of any nature whatsoever by the petitioner with the said complainant. It was further submitted that there was no reason for the complainant to have advanced huge amount of Rs.35,00,000/- within a span of one month without taking any receipt for advancing such a huge amount notwithstanding the fact that cash transaction of such a huge amount is impermissible in law and capacity of the complainant to advance such a huge amount is itself yet to be established.

The Petitioner further submitted that there was no occasion as to why the complainant did not institute proceedings under Section 138 of the Negotiable Instruments Act, 1881 especially when the cheque in question had been dishonoured in the month of October 2019. It was apparently on account of gross failure on the part of the complainant to establish existence of a legally enforceable debt and pre-existing liability that the complainant chose not to take recourse to the appropriate remedy in accordance with law and has instead connived with the police officials to institute the present FIR in the month of January 2020.
He further submitted that it would even otherwise be beyond comprehension as to why the complainant would travel all the way to Yamuna Nagar for sending his son abroad considering especially that a large number of travel agents, who are fully functional within the State of Punjab.

After considering the rival submission of the parties, the court observed that the co-accused who is the mother of the petitioner, was the main accused in the instant case registered under Sections 406, 420, 506 and 120-B of the Indian Penal Code, 1860.

The co-accused has already been released on bail and the petitioner has already undergone an actual incarceration of nearly two month since his arrest, the court added. Therefore, his application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 is admitted subject to his furnishing of bail/surety bonds.

"Accordingly, the present petition is allowed and the petitioner is admitted to regular bail subject to his furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate, concerned," the order stated.

Case Title : Sanjay Bakshi v. State Of Punjab

Citation: 2022 LiveLaw (PH) 168

Click Here To Read/Download Order

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