Criminal Misc. No. M-2583 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-2583 of 2009 (O&M) Date of Decision:29.01.2009 Raj Kumar .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Parampreet Singh Paul, Advocate for the petitioner. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Raj Kumar under Section 438 of Cr.P.C seeking his anticipatory bail in case FIR No.4 dated 13.1.2009 registered under Sections 406, 420, 506, 120-B IPC at Police Station Morinda, District Roopnagar. The facts in brief are that about nine months back Raj Kumar accused contacted the complainant for supply of two tractors, to which he agreed. On 1.9.2007 Raj Kumar came to him along-with two other persons, who were known to the complainant and introduced them as Anwar and Surinder Singh and asked the complainant to deliver him MF-241 tractor. The deal was struck at Rs.3,85,000/- out of which a sum of Rs.80,000/- was paid by Raj Kumar, who agreed to pay the balance amount after obtaining loan from the bank within two months. After one month, Raj Kumar again came to the complainant's agency and asked to give another tractor to Surinder Singh of Panchkula and made payment of Rs.1 lac in relation to the earlier tractor. On his assurance, the tractor was given to Surinder Criminal Misc. No. M-2583 of 2009 (O&M) -2- Singh. Out of the price of Rs.3,70,000/- of the tractor, Raj Kumar accused paid a sum of Rs.70,000/-. Both these tractors were sold in Haryana. Despite repeated demands, the payment of these tractors was not made. I have heard the learned counsel for the petitioner. As a matter of fact, the petitioner is a main culprit as he stood as guarantor in the sale and purchase of the tractor. He undertook to pay the balance amount within one month. There are also allegations against the petitioner that fraudulently he got sold the tractors to some third person and only he knows to whom these tractors have been sold. This fact can be ascertained from him only if he is subjected to custodial interrogation,which is qualitatively more elicitation-oriented. As such, this petition is dismissed. January 29, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No