CRL.M.NO.3189-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRL.M.NO.3189-M of 2010(O&M) DATE OF ORDER: 14.7.2010 Jagjit Gill .....Petitioner vs. State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. G.P.S. Bal, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J Crl.M.No.5581 of 2010 Application is allowed as prayed for. Crl.M.No.3189-M of 2010 Prayer in this petition is for grant of anticipatory bail in case FIR No.5 dated 9.1.2000 under Sections 379/411/420/467/468/471 IPC, P.S Sidhwan Bet, Ludhiana (Rural). FIR was lodged on the complaint of Sukhwinder Singh S/o Gurmeet Singh alleging that he had purchased a eight tyre Truck No.PB 04- M-9886, which was registered in the name of one Amandeep Singh R/o Machaki Mal Singh Road Faridkot from the petitioner, who runs a transport company in the name and style of M/s D.C Gill Transport Company at Transport Nagar, Ludhiana for Rs.7.85 lacs. Since the Chasis Number, Serial Number and Gear Number of the vehicle had been apparently tampered with and the independent number of the vehicle, which did not tally with the number given in the registration documents, gave rise to the inference that the vehicle is a stolen one. Learned counsel for the petitioner has argued that no complaint has been lodged by Amandeep Singh S/o Pritpal Singh, who is alleged to be CRL.M.NO.3189-M of 2010 #2# registered owner of the said truck and, therefore, if there was any grievance, same should have been against him rather than the petitioner, who is not involved in any manner in the matter. It was further argued that no receipt has been produced by the complainant with regard to the claim that he paid two lacs in cash to the petitioner as earnest money for the purchase of said truck whereas with regard to remaining amount of Rs.5,88,220/-, it is submitted that the petitioner had himself got it financed from Sri Ram Finance Company, Ludhiana. It was further submitted that a false case has been foisted upon the petitioner. Learned state counsel has pointed out that Rupees two lacs were paid in cash to the petitioner by the complainant Sukhwinder Singh and the remaining of Rs.5,88,220/- were got financed by the complainant from M/s Sri Ram Finance Company, Ludhiana and the amount released by the said finance company was credited in the account of the accused- petitioner and he, then, got transferred the registration of the vehicle in the name of the complainant from Faridkot. It was further pointed out that the investigation revealed that the truck was earlier bearing registration No.HR 38M 6207, Chasis No.426031 CTZ 205455 and Engine No.60C62463994 as in the registration documents, it is registered with RTA Faridabad (Haryana) in the name of M/s Satyam Road Carriers Kolkatta with temporary address, which is not traceable. The said vehicle is shown transferred to Faridkot by one Ramesh Kumar S/o Khem Chand R/o Rozeka, Tehsil Nuh, District Mewat, where it has been shown to be originally registered. It is, therefore, being investigated whether the vehicle was first registered at Faridabad or Nuh, District Mewat. Aforesaid Amandeep Singh S/o Pritpal Singh, in whose name the vehicle has been CRL.M.NO.3189-M of 2010 #3# transferred from Nuh at Faridkot, has been traced to be a resident of Patran, District Patiala and efforts are being made to join him in investigation. Having heard learned counsel for the parties and keeping into account the serious allegations levelled against the petitioner and the complicated nature of the case, no ground for grant of anticipatory bail is made out. His custodial interrogation is necessary for proper investigation of the case. Dismissed. July 14, 2010 ( JASWANT SINGH ) manoj JUDGE