In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-31873 of 2010 ..... Date of decision:29.10.2010 Narotam Singh .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. R.S. Budhwar, Advocate for the petitioner. Mr. K.C. Gupta, Senior Deputy Advocate General, Haryana for respondent-State. Mr. R.S. Mamli, Advocate for the complainant. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on the complaint of Surinder Pal, Lambardar regarding fraud and cheating of `6 Lacs for sending Gurjant Singh-nephew of the complainant to Cyprus for employment. It is alleged that son of the petitioner, namely, Hardeep Singh and his wife Smt. Jaswinder Kaur have been living in Cyprus for the last five-six years. The petitioner used to send people abroad through his son and his wife for employment. In July 2010, Surinder Pal Lambardar-complainant requested the petitioner to send his nephew-Gurjant Singh also to Cyprus. The petitioner raised a demand of `8 Lacs and asked him to give his passport, ration card and 8-10 photographs for this purpose. Thereafter, Narotam Singh (petitioner) made the complainant speak with his Cr. Misc. No.M-31873 of 2010 [2] (petitioner's) son, namely, Hardeep Singh and Jasvinder Kaur (daughter-in- law of the petitioner). The son and daughter-in-law of the petitioner made the complainant believe that after calling Gurjant Singh to Cyprus, they would get him employed permanently so that he could earn money in a short time. Hardeep Singh also asked for the money being sent as soon as possible. For the said purpose Hardeep Singh gave his bank account number. The complainant fell in the talk of Hardeep Singh and on 3.8.2010 a sum of `1 Lac was taken from the account of Gurinder Singh, resident of Village Bakali and `1 Lac from the account of Sarwan Panjeta also resident of Village Bakali. The said amount of `2 Lacs was transferred in the account of Hardeep Singh in Cyprus through HDFC Bank, Ladwa. The receipt of this amount was with the complainant. The complainant then entered into an agreement to sell his land measuring 20 Kanals 4 Marlas with Parminder Singh son of Gaje Singh of Village Bakali. On 5.2.2010, the complainant received `9 Lacs from Parminder Singh out of which `6 Lacs was given to Narotam Singh and Gurmeet Kaur at their residence in the presence of Gurjant Singh, Dharambir Singh and Kaptan Singh for sending Gurjant Singh to Cyprus and for providing him permanent job there. Narotam Singh (petitioner) and Gurmeet Kaur assured the complainant that his work would be done. In July 2010, the complainant told Narotam Singh that if it was not possible for him to send his nephew Gurjant Singh abroad then he should return his money. After this Narotam Singh again made the complaint speak to his son Hardeep Singh. The latter assured the complainant that nowadays there was some difficulty in issuing Visa in haste and there should be no stamp of refusal on the passport Cr. Misc. No.M-31873 of 2010 [3] otherwise the nephew of the complainant may face problems in future for going abroad. The complainant then remained silent. On 8.8.2010, Narotam Singh and Gurmeet Kaur took Gurjant Singh to Delhi and later they told the complainant that they had sent Gurjant Singh to Cyprus. Gurjant Singh then returned back on 21.8.2010. After returning he informed the complainant that he went to Hardeep Singh and Jasvinder Kaur in Cyprus and at Cyprus neither Hardeep Singh nor his wife Jasvinder Kaur behaved with him properly nor did they provide him any work. Rather, on 21.8.2010, they forcibly sent him back to India by saying that they would get him a permanent job and call him back to Cyprus. In this manner, it is alleged that the complainant and Gurjant Singh thereafter spoke to Narotam Singh many times for sending Gurjant Singh abroad but Narotam Singh and his wife had not given any satisfactory answer. Thereafter, on 15.9.2010, the complainant along with Gurjant Singh, Kaptan Singh, Dharambir Singh etc. went to the house of Narotam Singh and said that if he cannot send Gurjant Singh abroad, then their money be returned back. Then Gurjant Singh and his wife Gurmeet Kaur stated that they had no money of theirs and neither would they send Gurjant Singh abroad and nor would they return the money. On this, the complainant asked Narotam Singh to speak with his son Hardeep Singh but Hardeep Singh flatly refused to call Gurjant Singh to Cyprus and get him employed there. Thereafter, the persons accompanying the complainant told the petitioner not to do this but the petitioner and his wife did not hear them. They rather threatened the complainant and Gurjant Singh that if they came again and demanded any money they would kill them. In this manner, it is alleged that the above said Cr. Misc. No.M-31873 of 2010 [4] persons had conspired with each other for sending Gurjant Singh abroad and had cheated the complainant of Rs.8 Lacs. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated due to party faction in the village and he has not committed any offence. It is submitted that in fact Gurjant Singh had gone to Cyprus on 9.8.2010 and he himself returned back on 21.8.2010. The petitioner or his son do not do the work of travel agents and neither had they sent anybody abroad. However, the complainant wants to falsely implicate the petitioner and his family members due to mala fide intention. It is submitted that Surinder Pal is not, in any manner, affected and Gurjant Singh or his father have not made any complaint in this regard. It is also submitted that Himmat Singh real cousin brother of Gurjant Singh is already in Cyprus for the last 8-9 months and he had no bank account in Cyprus. Therefore, Gurjant Singh had requested Hardeep Singh son of the petitioner that he was in need of money and he had no account in Cyprus. As such, for the said purpose `2 Lacs was deposited in the account of Hardeep Singh after withdrawing the same which was given to Himmat Singh, who is real uncle's son of Gurjant Singh. The petitioner and his family members did not take an amount of `6 Lacs as alleged in the FIR. In response, learned counsel for the State and the complainant have submitted that the petitioner had cheated and misappropriated the amount of the complainant on the false representation held out by them that they would send Gurjant Singh-the nephew of the complainant abroad to Cyprus. Learned counsel for the complainant has further submitted that the complainant also entered into an agreement dated 8.9.2010 to sell his Cr. Misc. No.M-31873 of 2010 [5] agricultural land to Parminder Singh; besides, it is submitted that Raman Panjeta has deposed an affidavit on 23.9.2010 to the effect that he on 3.8.2010 had transferred from his Bank Account with the HDFC Bank, Ladwa to Hardeep Singh a sum of `1 Lac in his account in Cyprus for sending Gurjant Singh-nephew of the complainant to Cyprus. Similarly, Gurinder Singh has deposed an affidavit dated 23.9.2010 that he had transferred an amount of `1 Lac from his HDFC Bank account at Ladwa to the account of Hardeep Singh in Cyprus for sending Gurjant Singh nephew of the complainant to Cyprus. After giving my thoughtful consideration to the matter, it may be noticed that the case involves serious allegations of taking money by the petitioner Narotam Singh for sending Gurjant Singh-nephew of the complainant to Cyprus where the son of the petitioner and his wife have been staying. The complainant took `6 Lacs on one occasion and thereafter a sum of `2 Lacs was transferred in the account of Hardeep Singh son of the petitioner in Cyprus from the account of Raman Panjeta and Gurinder Singh which accounts are maintained in the HDFC Bank at Ladwa. Gurjant Singh -nephew of the complainant went abroad but thereafter on 21.8.2010 he was sent back. The petitioner has not returned the amount given by the complainant. The stand of the petitioner that an amount of `2 Lacs was transferred in the name of Hardeep Singh for giving it to Himmat Singh a cousin of the petitioner on the asking of Gurjant Singh is in the nature of defence which would be considered by the investigating authorities or the Court, as the case may be. The allegations as made are indeed serious in nature for which the custodial interrogation of the petitioner would be Cr. Misc. No.M-31873 of 2010 [6] required, besides, the amount that has been received by him is to be recovered. In the facts and circumstances, no ground for pre-arrest bail is made out. The criminal miscellaneous petition is accordingly dismissed. October 29, 2010. (S.S. Saron) Judge *hsp*