In the High Court for the States of Punjab and Haryana at Chandigarh. CRM M-14541 of 2009 Decided on August 05,2009. Sunder Lal -- Petitioner vs. State of Haryana --Respondent. Present: Mr.Diwan S.Adlakha, Advocate,for the petitioner Mr.Amit Khatkar,AAG,Haryana. Rakesh Kumar Jain, J: (Oral) Learned counsel for the petitioner, inter-alia, contends that the petitioner is a car dealer ,through whom the complainant had sold his car to one Pardeep Kumar. There is a receipt available on police record which has been duly executed by the complainant in token of receipt of Rs.90,000/- However, the case set up by the complainant is that entire amount of Rs.90,000/- has been retained by the petitioner and the same has not been returned. As against this, learned counsel for the petitioner has submitted that out of Rs.90,000/-, Rs.80,000/- has already been paid to the complainant and an amount of Rs.10,000./- was retained by the petitioner towards his commission which the complainant wanted him to pay that also. He further submitted that insofar as the affidavit is concerned, the petitioner submits that the affidavit has been obtained fraudulently by the complainant for which a suit for declaration has also been filed by the petitioner. It is further submitted that the alleged CRM M-14541 of 2009 -2- occurrence took place on 28.8.2008 whereas the present FIR has been registered on 28.4.2009. Learned counsel further submitted that the petitioner has joined the investigation. This fact is admitted by learned State Counsel on instructions received from ASI Mahavir Singh. In view of the above, order dated 26.5.2009 is made absolute. The petitioner is, however, directed to join the investigation as and when required and shall abide by the provisions of Section 438 (2) CR.P.C. The petition is disposed of. Aug 05,2009 (Rakesh Kumar Jain ) RR Judge