Crl. Misc. No. M-34954 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-34954 of 2011 Date of Decision: November 21, 2011 Harpal Singh …..Petitioner Vs. State of Punjab and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Vikas Bahl, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Petitioner seeks the concession of blanket bail apprehending arrest on the basis of a complaint which has been allegedly submitted by Ranjodh Singh to the Additional Commissioner of Police, Sahnewal, District Ludhiana, alleging that the petitioner had entered into an agreement of sale with the complainant to sell his 17 kanals 6 marlas of land and had received a sum of Rs.24.50 lacs. Crl. Misc. No. M-34954 of 2011 [2] It is submitted by counsel for the petitioner that admittedly the petitioner had entered into an agreement of sale and received an amount of Rs.4.50 lacs as earnest money but on the basis of fake receipt of an additional sum of Rs.20 lacs, the complainant, in connivance with the police is taking steps to harass the petitioner. Copy of the original agreement of sale and the alleged photocopy of the fabricated receipt have been placed on record. After hearing counsel for the petitioner, it appears that the relief which is sought for by the petitioner can be granted by the Sessions Court on appreciation of the allegations of the petitioner. Counsel for the petitioner submits that the complainant is an influential property dealer of the locality having connection with the police as such he has got an apprehension that he would be arrested in Ludhiana. Notice of motion. On the asking of the Court, Mr.Kirat Singh Sidhu, DAG, Punjab, accepts notice. Copy given. After hearing counsel for the petitioner and considering the facts and circumstances of the case, it appears that the petitioner should be given an opportunity to avail the remedy under Section 438 Cr.P.C. by approaching Sessions Court, Ludhiana before coming to this Court. The petitioner is relegated to the remedy of filing a petition under Section 438 Cr.P.C. Keeping in view the age of the petitioner which is stated to be more than 70 years and the alleged receipts on the agreement of sale, it is ordered that the petitioner will not be arrested on any complaint of Ranjodh Singh Crl. Misc. No. M-34954 of 2011 [3] by Ludhiana police till November 30, 2011 in order to enable the old man to avail the alternative remedy available to him. Disposed of. November 21, 2011 (M.M.S.BEDI) sanjay JUDG