IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.M-30239 of 2009 (O&M) Date of decision: 11.3.2010 Sanjeev Sharma ......Petitioner Vs. State of Punjab and another ...Respondents CORAM:- HON'BLE MRS.JUSTICE DAYA CHAUDHARY. PRESENT: Ms. Sharmila Sharma, Advocate, for the petitioner. Mr.Baljinder Singh Sra, Addl.AG, Punjab. Mr.D.K.Sihag, Advocate, for respondent No.2. **** ORDER The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.213 dated 20.8.2009 under Sections 406/420/506/120-B IPC registered at Police Station City Rajpura, District Patiala. Notice of motion was issued on 12.11.2009. Vide order dated 10.12.2009, the following order was passed: “ As per the counsel, the petitioner would deposit a sum of Rs.1.50 lacs which he owes to the complainant to show his bona fide. Let him deposit this amount in the form of a draft in the name of the complainant before the Registrar of this Court. If the petitioner does so within a period of two weeks, then his arrest is stayed. This shall be subject to the conditions contained in Section 438(2) Crl.Misc. No.M-30239 of 2009 [2] Cr.P.C.” The case came up for hearing on 13.1.2010 and learned counsel for the petitioner submitted that petitioner had already deposited a sum of Rs.1.50 lacs but he was not allowed to join the investigation and he was directed to join the investigation. Reply on behalf of respondent No.2 has been filed which is taken on record. In the reply filed on behalf of respondent No.2, it has been mentioned that two FIRs of similar offences are pending against the petitioner. It is further mentioned that apart from these two FIRs, there are five other cases pending under Sections 138/142 of Negotiable Instruments Act read with Section 420 IPC and petitioner has cheated many persons by playing fraud on the pretext of sending them abroad and was not returning their passports and other documents. It has further been mentioned in the reply that out of Rs.15 lacs paid to the petitioner, an amount of Rs.25,000/- and Rs.2 lacs were deposited in the account of petitioner by the complainant on 2.1.2009 and 19.1.2009 respectively and an amount of Rs.1,20,000/- was transferred to the account of petitioner from the account of the complainant. An amount of Rs.2 lacs was withdrawn from the account of complainant on 19.1.2009 and the same was deposited in the account of petitioner. Further an amount of Rs.50,000/- each was withdrawn on 14.1.2009 from two different accounts of the complainant at Karnal. The complainant has also placed on record the accounts statement of the petitioner supplied by the Branch Manager of ICICI Bank which is Crl.Misc. No.M-30239 of 2009 [3] annexed as Annexure R2/10 with the reply. The petitioner has cheated the complainant and the amount has been received by the petitioner as is clear from the Bank Statement annexed by the complainant with the reply. Not only the present case in hand is there against the petitioner but there are other cases also of similar nature pending against him and such person who had cheated the innocent person and accepted money for sending the people abroad is not entitled to the concession of anticipatory bail. For the reasons mentioned above, no ground for anticipatory bail is made out and Crl.Misc. petition is dismissed. However, the petitioner is at liberty to move an application before the Registrar (Judicial) for withdrawal of the amount in the form of draft deposited by the petitioner. (DAYA CHAUDHARY) JUDGE March 11, 2010. raghav