Crl. Misc. No.M-24437 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-24437 of 2011 Date of Decision: 28.09.2011 Md. Suleman ..... Petitioner Versus The State of U.T. Chandigarh ..... Respondent CORAM:- HON'BLE MR. JUSTICE M.M.S. BEDI Present: Mr. Surinder Gandhi, Advocate, for the petitioner. Mr. Preetpal, Advocate, for Addl. PP, UT, Chandigarh. Mr. Ranjit S.Dhiman, Advocate, for the complainant. M.M.S. BEDI, J. Petitioner seeks concession of pre arrest bail in a case registered at the instance of complainant Rafiq Khan alleging that the petitioner had demanded a sum of Rs.1 lac for securing a job for the complainant and persuaded him to part with a sum of Rs.40,000/-. The petitioner is alleged to have issued a cheque for sum of Rs.40,000/- to the complainant which appears to have been dishonoured. Counsel for the petitioner has argued that since the proceeding under Section 138 of the Negotiable Instruments Act has already been initiated, the petitioner should be granted the concession of pre arrest bail. I have considered the facts and circumstances of the case and I am of the opinion that the basic ingredients of cheating are prima facie made Crl. Misc. No.M-24437 of 2011 -2- out on the basis of the allegation. The dishonouring of the cheque to repay the money of Rs.40,000/- is not a fact indicating that the petitioner had from the very beginning no intention to cheat the complainant but the said circumstance further substantiates the allegation that the petitioner has cheated the complainant. No ground is made out to grant the concession of pre arrest bail to the petitioner. Dismissed. In case, the petitioner amicably settles dispute with the complainant, it will be open to the petitioner to approach this Court again for the grant of bail. (M.M.S. BEDI) 28.09.2011 JUDGE manju