CRM-M-25235 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-25235 of 2009 DATE OF DECISION: 17.09.2009 **** Ramesh Kumar . . . . Petitioner VS. State of Punjab . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.R.K. Handa, Advocate for the petitioner. Mr.K.D. Sachdeva, Addl. A.G. Punjab for the respondent/State. **** RAKESH KUMAR JAIN J.(ORAL) This is a petition under Section 438 of Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.) seeking anticipatory bail in case FIR No.81 dated 16.5.2009, registered under Sections 420/506 IPC at Police Station Zirakpur, District SAS Nagar, Mohali. The aforesaid FIR was registered on the complaint of Varinder Kaur. Briefly stated, the allegations contained in the FIR are that Ramesh Kumar (petitioner) sold 3 biswas of land by way of registered sale deed dated 21.5.2008 to the complainant. Mutation on the basis of the said sale deed was sanctioned in favour of the complainant but possession was not delivered to her. On 10.10.2007, the petitioner told the complainant that a fresh sale CRM-M-25235 of 2009 - 2 - deed is required to be executed for the purpose of delivery of possession of land and in lieu thereof, a sum of Rs.80,000/- was also taken from her by the petitioner. On 15.10.2007, the said sale deed was registered in the office of Sub-Registrar, Dera Bassi, but later on, the complainant came to know that the petitioner has got the sale deed executed in his own name from the complainant. The complainant, thereafter, threatened the petitioner of a legal action against him. On being threatened by the complainant, the petitioner agreed to return the amount of Rs.12,00,000/-, which was returned by the petitioner in the shape of two cheques bearing Nos. RJS618310 dated 07.12.2007 amounting to Rs.1,00,000/- and RJS618311 dated 14.1.2008 amounting to Rs.11,00,000/- drawn on Punjab National Bank, Zirakpur Branch. However, the said cheques were dis-honoured. Before coming to this Court, petitioner had applied for anticipatory bail in the Trial Court, which was dismissed on 11.8.2009. Learned counsel for the petitioner has submitted that the only dispute in this case is with regard to possession of land. In this regard he relied upon the decision of this Court passed in CRM-M-12189 of 2009 titled as “Parminder Kaur and another Vs. State of Punjab”.. On the contrary, learned counsel for the State has argued that it is a clear case of 420 IPC, in which, the petitioner on the pretext of delivering possession, had got the land back by getting the sale deed in his name executed by the complainant and on the legal action being taken against the petitioner, he returned CRM-M-25235 of 2009 - 3 - the amount of sale consideration by way of two cheques, which were dis-honoured. Keeping in view the facts and circumstances of the case, I do not find it to be a fit case for the grant of anticipatory bail. Hence the present petition is hereby dismissed. (RAKESH KUMAR JAIN) SEPTEMBER 17, 2009 JUDGE vivek