Crl.M.No.M-34403 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-34403 of 2010 (O&M) Date of Decision: November 26, 2010 Jai Singh Kalson .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Vikas Sharma, Advocate for the petitioner. ...... RAM CHAND GUPTA, J.(Oral) Crl.M.No.61131 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-34403 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.243, dated 8.9.2009, under Sections 409, 420 IPC, registered at Police Station Civil Lines, Bhiwani. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Sessions Judge, Bhiwani, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed. This is the 2nd application for anticipatory bail filed on behalf of the petitioner-accused. Earlier he had filed application for anticipatory bail before learned Sessions Judge, Bhiwani, which was dismissed. Thereafter he filed anticipatory bail application before this Court vide Crl.M.No.M- 29084 of 2010, which was dismissed on merit by a speaking order on 4.10.2010. Again he filed another application for the same purpose before learned Sessions Judge, Bhiwani, which was also dismissed vide a detailed order dated 8.11.2010. Dis-satisfied with the same he has filed the present petition on the same plea. Crl.M.No.M-34403 of 2010 (O&M) -2- Brief allegations against the petitioner-accused are that he was posted as District Manager, Haryana Scheduled Caste Finance & Development Corporation, at Bhiwani, (hereinafter to be referred as the `Corporation'). The Corporation sanctioned a loan of Rs.4.98 lacs to one Gopi Ram for purchase of diesel jeep. As per policy of the Corporation the vehicle could only be purchased from an authorised dealer. The loan was sanctioned as per policy of the National Scheduled Castes Finance and Development Corporation, Delhi. The amount was sent to petitioner being District Manager of the Corporation for being disbursed to authorised dealer, however, petitioner-accused instead of disbursing the amount to an authorised dealer, issued a cheque for Rs.4.65 lacs in favour of M/s. P.S.Marketing Associates, Ambala City, which was not an authorised agency and hence, the amount was paid by the petitioner-accused to the said firm in an unauthorised manner. M/s.P.S.Marketing Associates Ambala City neither given the vehicle to the loanee, nor it returned the amount. Corporation also filed a complaint under Section 138 of the Negotiable Instrument Act against the said firm. Later on petitioner-accused issued another cheque in favour of another dealer, who delivered the vehicle to loanee-Gopi Ram and hence, in view of this action on the part of the petitioner-accused, loss of more than Rs.4 lacs has been caused to the Corporation. During investigation, Vikas Gupta of M/s.P.S.Marketing Associates, Ambala City was arrested in this case and he suffered disclosure statement and revealed that Rs.1.00 lac as commission was given to the present petitioner-accused. It has been contended by learned counsel for the petitioner- accused that he has not misappropriated any amount and that rather he had written letter to the department for taking action against the dealer. However, it has been contended on behalf of the prosecution before learned Sessions Judge, Bhiwani, that no such letter was received by the department. Allegations against the petitioner-accused are serious in nature. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner-Jai Crl.M.No.M-34403 of 2010 (O&M) -3- Singh Kalson for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 26.11.2010 (Ram Chand Gupta) meenu Judge