Crl. Misc. No. M- 33142 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 33142 of 2009 (O&M) Date of Decision: September 21, 2010 Avtaar Singh ........Petitioner Versus State of Punjab ........Respondent ******* CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Veneet Sharma, Advocate, for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. Mr. Sanjiv Pandey, Advocate, for the complainant. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in FIR No.156 dated 20.4.2009, under Sections 406,420 of Indian Penal Code, registered at Police Station Civil Lines, Amritsar City, Amritsar. The contents of the FIR, as reproduced in para 1 of the petition, read as under :- “Application No.553-DIG/DR dated 6.3.2009 to DIG Border Range, Amritsar, Application against 1) Avtaar Singh son of Late Surinder Singh 2) Amarjit Kaur w/o Jatinder Singh 30 Raja son of Avtaar Singh residents of A- 40, Ranjit Avenue, Amritsar, under Section 418,429,420,506,120-B IPC at P.S. Civil Lines, Amritsar. Crl. Misc. No. M- 33142 of 2009 (O&M) 2 The applicant submits as under :- 1) That the applicants Mahesh Chopra, son of Sh. Muni Lal chopra, is owner of Muni Lal Chopra Hospital, B-361, The Mall, Amritsar and I am a peaceful and law abiding citizen. 2) that the applicant wanted to purchase a property. 3) That the applicant talked to Sanjay Khanna son of Sh. Mohinderpal who is doing the work of property dealer to get him some property for residing on which Sanjay Khanna showed him a property bearing No.A-45, Ranjit Avenue, Amritsar and since the applicant liked that property, the deal of the property was struck with the aforesaid person Avtar Singh and Amarjit Kaur for an amount of Rs. 1 crore 37 lacs. Regarding this an agreement dated 17.11.2007 was entered into between Avtar Singh and Amarjit Kaur and the applicant Mahesh Chopra. 4) That as per the agreement the sale deed was to be executed on 15.4.2008 by Avtar Singh and Amarjit Kaur in favour of the applicant Mahesh Chopra after getting NOC from the Indian Overseas bank and after getting the mutation of inheritance and after taking the remaining amount and after this the aforesaid Avtar Singh and Amarjit Kaur assured the applicant that more money is to be paid to the Indian Overseas Bank and with a bad intention and with an intention to defraud the applicant and to cause gain to themselves, in connivance with each other they demanded more amount of Rs.20 lacs from the applicant and said that the money is to be Crl. Misc. No. M- 33142 of 2009 (O&M) 3 deposited in the Indian Overseas Bank. Regarding this, a pay order No.007851 for an amount of Rs.20.00 lacs dated 12.2.2008 drawn in favour of M/s Manohar Cycle Works Loan A/c No.1001 drawn on the Jammu & Kashmir Branch Shastri Market Amritsar, was handed over to Avtar Singh and Amarjit Kaur, because Avtar Singh is the proprietor of M/s Manohar Cycle Works and on this the intention of the aforesaid Avtar Singh and Amarjit Kaur became bad and they took another amount of Rs.10.00 lacs vide cheque No.189861 dated 30.4.2008 for an amount of Rs.10.00 lacs from the applicant and afterwords, the same was cleared in the Loan account No.1001 of the Indian Overseas Bank of Avtar Singh on 1.5.2008. after this, an amount of Rs.5.00 lacs was received by Avtar Singh in cash by putting his signatures on the agreement to sell. But the intention of Amarjit Kaur and Avtar Sigh was bad since the beginning and till 15.4.2008, and after that they did not obtain the N.O.C. from the bank and neither got the mutation of inheritance executed, whereas, an amount of Rs.31.00 lacs was taken from the applicant with an intention to defraud him and to cause gain to themselves. After this, the applicant went to the aforesaid persons and demanded their money but Avtar Singh, his son and Amarjit Kaur give threats to the applicant and neither they are returning the money and neither there is any value of this agreement and they are giving threats to kill the applicant. 5) That the Crl. Misc. No. M- 33142 of 2009 (O&M) 4 aforesaid persons in connivance with each other, have taken an amount of Rs.37.00 lacs from the applicant fraudulently, whereas, the aforesaid property has not been cleared by the Bank till now. The aforesaid persons in connivance with each other to cause gain to themselves have committed this misdeed. Therefore, the applicant prays to your goodself that FIR be registered against the accused under the aforesaid sections and justice be done to the applicant. I shall be highly obliged. Sd/- Mahesh Chopra.” After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal. The allegations levelled against the petitioner are serious in nature. Learned counsel for the petitioner had sought various adjournments to enable the petitioner to repay the amount of Rs.37,00,000/- taken from the complainant, but the said amount has not been repaid to the complainant. Petitioner is required for custodial interrogation. Dismissed. (SABINA) September 21, 2010 JUDGE Anand