CRM No.M-7462 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.M. No.M-7462 of 2011 (O&M) Date of Decision : 28.04.2011 Smt. Santosh Kaur and another …Petitioners Versus State of U.T., Chandigarh …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Karan Nehra, Advocate for the petitioner. Mr. Rakesh Nagpal, Standing Counsel for U.T., Chandigarh. *** AJAY TEWARI, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in case F.I.R. No.35 dated 21.01.2011 registered under Sections 420, 506, 120-B IPC at Police Station, Sector 34, Chandigarh. The allegations are that the petitioners and the two sons of the petitioner No.1 had entered into an agreement to sell for the sale of 20% share of H.No.2384, Sector 44-C, Chandigarh and received a sum of Rs.5 lakhs as earnest money. At that time it was CRM No.M-7462 of 2011 (O&M) -2- held out that the house was free from all kind of encumbrances but later it transpires that the house in question has been mortgaged with UCO Bank for a sum of Rs.20 lakhs. Learned counsel for the petitioners has argued that in fact the complainant did not want to complete the bargain process and every time he made excuses on one pretext or the other. He further states that if the complainant gave them some more part payment they would clear the mortgage. Learned counsel for the U.T. Administration, Chandigarh states that it is clear from the argument of learned counsel for the petitioners that in fact on the date when they executed the agreement to sell they were aware of the fact that the house was encumbered yet they made false assertion. It is also not disputed that sons of the petitioner No.1 had been arrested and then released on regular bail. In my considered opinion, it may not be necessary to send the petitioners in custody for interrogation provided the petitioners return the sum of Rs.5 lakhs to the complainant which would be without prejudice to his claim to sue either for specific performance or for damages as the case may be. The petitioners are directed to appear before the investigating officer on 02.06.2011 alongwith a draft of Rs.5 lakhs in favour of the complainant. Learned counsel for the U.T. Administration, Chandigarh CRM No.M-7462 of 2011 (O&M) -3- is directed to instruct the investigating officer to summon the complainant and hand over the draft to him then and there. In the event of arrest of the petitioners, they shall be released on bail to the satisfaction of the Investigating Officer subject to the conditions laid down under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) April 28, 2011 JUDGE ashish