IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 23534 of 2010 Date of decision 3.12.2010 Sudhir Khanna Petitioner vs. State of Punjab Respondent Present: Mr. VK Sandhir, Advocate. Ms. Gagan Mohini, AAG, Pb M.M.S.BEDI,J. The petitioner, under the General Power of Attorney, executed in his favour by complainant Nathu Ram, brother Sanjay and mother Taro Rani, co-owners of the property, has sold the property on their behalf on 12.10.2009. The said power of attorney was withdrawn on 29.1.2010 by a legal notice. Whether the sale consideration, received by the petitioner, has been handed over to the complainant and other owners or whether the sale deed dated 12.10.2009 is without consent of the complainant, his brother and mother can be challenged in civil proceedings. Since at one stage the complainant and his family members had reposed faith in the petitioner regarding sale of the property, it will be debatable during trial whether he had cheated the complainant or misappropriated the sale consideration warranting his conviction. The petitioner has joined the investigation. It appears to be a case of civil as well as criminal liability, where the custodial interrogation is not required. Accordingly, the petition is allowed and interim order dated 16.8.2010 is hereby confirmed and it is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioner will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. This order will not, in any manner, prejudice the rights of the complainant and owners of the property in any other civil proceedings. December 3 ,2010 ( M.M.S.BEDI ) TSM JUDGE