Crl. Misc.No.M-26420 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc.No.M-26420 of 2010 Date of Decision:-08.10.2010 Shamsher Singh. ......Petitioner. Versus State of Punjab. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mrs. J.J. Kaur, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. *** JASWANT SINGH, J (ORAL) Prayer is under Section 438 Cr.PC for grant of anticipatory bail to the petitioner in case bearing FIR No.179 dated 21.8.2010 under Sections 406 and 420 of Indian Penal Code registered with Police Station Sahnewal, District Ludhiana. As per allegations the petitioner had entered into an agreement to sell with complainant-Jagdev Singh for sale of his plot measuring 9 marlas for a consideration of Rs.12.00 lacs. Initially the agreement to sell was dated 12.11.2009 which was substituted by another agreement to sell dated 18.1.2010 and then again substituted by Crl. Misc.No.M-26420 of 2010 # 2# another agreement to sell dated 16.3.2010. The date for registration of the sale deed was 31.3.2010. As per allegations levelled by complainant Jagdev Singh, petitioner-Shamsher Singh had received a sum of Rs.10.00 lacs out of total consideration of Rs.12.00 lacs and it subsequently came to the knowledge of the complainant that the plot in question had been sold to someone else. Learned counsel submits that complainant Jagdev Singh is engaged in the business of money lending and on account of a loan of Rs.1.00 lac taken by the petitioner, his signatures had been obtained on one blank paper which has been mis-utilised. It is further submitted that even otherwise from the FIR, it is not revealed as to whom the petitioner had sold the said plot after having entered into an agreement to sell with the complainant. It is next contended that mere failure to honour an agreement to sell would be at best give rise to civil consequences and no criminal case is made out. Learned State counsel on instructions from HC Jagir Singh concedes that petitioner has joined the investigation and is no longer required for custodial interrogation. In view of the above, interim protection/bail granted vide order dated 09th of September, 2010 is made absolute. Petition stands disposed of. ( JASWANT SINGH ) JUDGE 08th October, 2010 Vinay