Cr.Misc. M 11488 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 11488 of 2011 Date of decision: 27.7.2011 Pipal Singh petitioner vs State of Punjab respondent Present:- Mr. Sps Sidhu, Advocate Mr.Arshvinder Singh, Addl.A.G.Punjab Mr. Ramesh Sharma, Advocate M.M.S.BEDI, J. The petitioner apprehends arrest in a case, which was registered on the basis of a complaint submitted by BDPO to SSP, Ferozepur informing that Tarsem Kumar Gram Sewak was appointed as Administrator for auction of shamlat land of village Chanan Khera. On 10.4.2010 the auction was held. The land was taken on lease by the petitioner, lalchhman Singh and Kulwant Singh. Non petitioner Kulwant Singh got the land on lease for a consideration of Rs.1,17,980/- and he paid Rs.70,000/- in cash and the remaining amount of Rs.47980/- was to be paid by the petitioner through cheque. The cheque offered by the petitioner at the time of auction, when presented, was dishonoured. In view of the said allegations, the petitioner has been booked in a case of cheating. It is an admitted fact that the private complaint u/s 138 of the negotiable Instruments Act has been filed against the petitioner by the Gram Panchayat. The petitioner has joined the investigation as per interim order Cr.Misc. M 11488 of 2011 2 passed by this court. It will be debatable during trial whether the petitioner had cheated the complainant by persuading the complainant party to part with any property bringing the action within the mischief of definition of cheating. Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the condition that he will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. This order will not prejudice the right of the petitioner in any manner on civil side either by cancelling the auction or by taking any other proceedings against him, in accordance with law. July 27 , 2011 (M.M.S.BEDI ) TSM JUDGE