CRM-M 31770 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M 31770 of 2009 Date of Decision: 25.11.2009 Deepak Tyagi ..Petitioner. Vs. State of Punjab ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Binderjit Singh, Advocate for the petitioner. Mr.C.M.Munjal, Advocate for the complainant. Ms.Rajni Gupta, Addl.AG Punjab for the respondent/State. RAKESH KUMAR JAIN, J. This is a petition under Section 438 of the Code of Criminal Procedure, 1973 (for short `Cr.P.C.') for grant of anticipatory bail in case FIR No.759 dated 18.10.2009 under sections 420/408/467/ 468/469/470/471/472/120-B IPC registered at Police Station Kotwali Bathinda. The allegations against the petitioner are that while working as Senior Marketing Officer, he has embezzled the amount of Company and had also presented forged cheques, which have been dishonoured. Counsel for the petitioner has argued that the petitioner had worked in the Company from the year 2002 to 2007 and has resigned on 15.5.2007. At the time of his resignation, he handed over a motor-cycle on 18.5.2007 vide (Annexure P-10) and Registration Certification on 16.5.2007 vide (Annexure P-9). It is also submitted that the present FIR has been registered after a considerable delay and the petitioner has been falsely CRM-M 31770 of 2009 -2- implicated in the present case. On the other hand, counsel for the complainant has argued that the petitioner had given two cheques to the complainant of Rs.3 lacs each having been issued by M/s Kissan Agro Kendra, Matlouda District Panipat (Haryana) which on presentation, were dishonoured by the Bank with the observation that “it was a wrong account and such account does not exist” and the Bank also issued a circular dated 21.9.2007 to the effect that said cheques were drawn from the account of Deepak Tyagi. It is submitted by the counsel for the complainant that Deepak Tyagi is none-else than the real brother-in-law (Jija) of the petitioner. I have specifically asked the counsel for the petitioner as to why Deepak Tyagi who happens to be brother-in-law (Jija) of the petitioner, would give cheques of Rs.3 lacs each to the complainant that too after forging the signatures of the proprietor of M/s Kissan Agro Kendra. In this regard, he has submitted that the relations of said Deepak Tyagi are not cordial with the complainant, therefore, in order to implicate him in a false case, the said cheques were given. It is apparently a made-up story on the part of the petitioner. After hearing the counsel for the parties and without expressing any opinion on the merits of the case, I do not find it to be a fit case for granting exceptional remedy of anticipatory bail as the petitioner is required to be taken into custody for interrogation and recovery is also to be effected. Therefore, the present petition is dismissed. (Rakesh Kumar Jain) 25.11.2009 Judge Meenu