Crl. Misc. No. M – 5685 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 5685 of 2010(O&M) Date of decision:- 8.4.2010 Pawan Aggarwal ... Petitioner Versus State of Punjab ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Ashok Jindal, Advocate, with Mr. J.S.Ahlawat, Advocate, for the petitioners. Mr. Raghbir Chaudhary, Sr. DAG, Punjab . Gurdev Singh, J (oral) Heard. This petition under Section 439 of the Code of Criminal Procedure has been filed by Pawan Aggarwal - petitioner/accused for the grant of regular bail in FIR No. 61 dated 19.9.2007 registered in Police Station Ghanour, District Patiala, under Sections 406, 420 and 120-B IPC, on the grounds mentioned therein. This FIR was registered on the basis of statement of Kamaldeep Singh-complainant, who came out with the version that he had supplied rice to the Komal Agro Delhi through broker- Yogesh Kumar Goyal. He narrated therein that value of the rice was Rs.4,69,853/- and after receiving that rice intention of Sompal Sharma, owner of the said concern became dishonest and in order to cheat, he issued a cheque which, on presentation, was dishonored on account of insufficient amount in the account of the said accused. The accusation against the present petitioner is that he is one of the owner of M/s Komal Agro Delhi, to whom the rice was supplied. It is not the case of the complainant that the accused had dishonest Crl. Misc. No. M – 5685 of 2010(O&M) -2- intention at the time, the rice was supplied to them as he himself narrated in the complaint that it was after receiving the rice that Sompal Sharma became dishonest. The petitioner is coming in custody since 22.1.2010 and he is no more required for further investigation of the offence. Though the challan has been presented, yet no progress has been made in the trial. Keeping in view the above said facts and without expressing any opinion on the merits of the case, the petitioner is ordered to be released on bail to the satisfaction of the trial Court/Duty Magistrate, Rajpura. The petition is disposed of accordingly. April 8, 2010 (Gurdev Singh) tripti Judge