IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 24817 of 2010(O&M) Date of Decision: September 6, 2010. Munish Kumar ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Parminder Singh-I, Advocate for the petitioner. Mr. K.D.Sachdeva, Addl.A.G., Punjab. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.101 dated 07.07.2010, under Sections 406/420 IPC, registered at Police Station Division No.5, Jalandhar. I have heard learned counsel for the parties and have gone through the whole record. Brief allegations against the petitioner-accused are that, he had received `1,80,000/- from the complainant on the pretext of sending him to Italy. His passport was also received by the petitioner and however, CRM No.M-24817 of 2010 petitioner did not send him to Italy and returned only `30,000/- and agreed to return the balance amount vide agreement dated 14.09.2009. However, he did not honour the said agreement nor returned the remaining amount. It has been contended by the petitioner-accused that signature of the petitioner was obtained by the complainant on the agreement when the same was blank and, in fact, he was cheated by the complainant. However, perusal of that agreement shows that besides the petitioner, it has been signed by four other persons as well including witnesses to the agreement. Hence, at this stage it cannot be said that signatures of the petitioner were obtained by the complainant on blank paper, which was later on converted into agreement. There are serious allegations against the petitioner. Hence, in view of these facts, it is not such a case in which extra-ordinary relief of anticipatory bail should be granted to the petitioner-accused. Hence, without expressing any opinion on the merit of the case, the instant application for anticipatory bail filed by Munish Kumar is, hereby, dismissed being devoid of merit. ( RAM CHAND GUPTA ) September 6, 2010. JUDGE 'om' 2