IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. 26990 of 2008 (O&M) Date of decision : December 09, 2008 Naubat Rai ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. Rahul Chhatwal, Advocate for the petitioner Mr. IPS Sidhu, Sr. DAG Punjab Pritam Pal,J. (Oral) Petitioner has brought this petition under section 438 of the Code of Criminal Procedure for seeking anticipatory bail in case FIR No.78 dated 1.8.2008 under sections 406, 420, 120-B IPC registered at Police Station Bhadson, District Patiala. In this case the complainant is alleged to have been duped of Rs 8,20,000/- on the pretext of sending the latter's son abroad. However, a compromise was also stated to have been arrived at between the parties and for that two cheques worth Rs 4.25 each were handed over to the complainant which were ultimately dishonoured. All this indicates that the petitioner had taken the aforesaid amount from the complainant who is present in the Court and states that he has arranged the same after selling his land. On the earlier date i.e. on 11.11.2008, learned counsel for the petitioner had sought adjournment in order to seek further instructions in Criminal Misc. No. 26990 of 2008 (O&M) -2- the matter. Today, no instructions whatsoever regarding the return of the aforesaid amount are there with the counsel for the petitioner. However, he states that the petitioner is ready to return only Rs two lacs. It appears that the petitioner has already cheated the complainant twice, first at the time of taking the aforesaid amount of Rs 8,20,000/- on the pretext of sending his son abroad and second time when he had issued two cheques which were ultimately dishonoured. Such kind of cases in this part of the country are on the rise where the travel agents/cunning people are cheating the rustic and gullible people who arrange the huge amount after selling their houses and landed property, as happened in the present case. It is well settled that the provisions under section 438 of the Code of Criminal Procedure are to be invoked sparingly and in exceptional circumstances of the case which are lacking in this case, hence no ground for granting anticipatory bail is made out. Criminal Misc. is dismissed. ( Pritam Pal ) December 09, 2008 Judge 'dalbir'