Crl.M.No.32158-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.32158-M of 2010 Date of Order: 29.11.2010 Harjit Singh and another .....Petitioners Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. I.S. Sidhu, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. Mr. Rajesh Bhatheja, Advocate for the complainant. JASWANT SINGH, J (ORAL) Prayer under Section 438 Cr.P.C is for grant of anticipatory/pre arrest bail in case FIR No.338 dated 20.9.2010 under Sections 420/465/467/468/471/120-B IPC. It is submitted that complainant Smt Satya Chopra, is owner of the plot measuring 324 square yards qua the sale of which she entered into an agreement to sell with Rajesh Kumar on 22.6.2006 and received earnest money of Rs.4 lacs. The date of execution of the sale deed was extended till 9.4.2009. The sale deed was not executed due to absence of the complainant and therefore, Rajesh Kumar filed a suit for possession by way of specific performance (P.3). Subsequently, a compromise was reached between the complainant and Rajesh Kumar and a fresh agreement to sell dated 10.3.2010 was entered into between the complainant and petitioner No.1-Harjit Singh. Aforesaid Rajesh Kumar had also appended his Crl.M.No.32158-M of 2010 #2# signatures and acknowledged the compromise between the parties. The last date for execution of agreement was 19.5.2010. It is alleged that complainant did not present herself before the Sub Registrar on 19.5.2010 for execution of sale deed. The petitioner thereafter sent a legal notice (P.6) and in her reply (P.7) the complainant had admitted to have received earnest money of Rs.1 lac from the petitioner. Thereafter the petitioner filed a suit for possession and specific performance wherein interim order restraining the complainant from alienating the plot has been granted. Learned counsel submits that the present FIR has been lodged with false averments as counter blast to the suit filed by the petitioner. It is further contended that the matter between the parties is purely of civil nature and, therefore, no criminal liability is made out. Learned state counsel, on instructions from ASI Sukhwinder Singh, states that the petitioners have joined investigation and their custodial interrogation is no longer required. In view of the above, interim protection/bail granted vide order dated 1.11.2010 is made absolute. Petition stands disposed of. November 29, 2010 ( JASWANT SINGH ) manoj JUDGE