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1999 Supreme(P&H) 1322

K.S.KUMARAN
Bagicha Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

K.S.Kumaran, J.

1. On the complaint of Hazara Singh, the F.I.R. in question has been registered under Section 408 I.P.C. at Police Station Mamdot. The allegation against the petitioner, who was formerly the Secretary of Co-operative Society Kalu Arani, is that 7/8 years prior to the complaint, the complainant had taken a loan had paid a sum of Rs. 90,000/- to the petitioner, but the petitioner had deposited only Rs. 39,000/- and had embezzled Rs. 5 1,000/-. The petitioner had approached the Sessions Court, Ferozepur, for bail under section 438 Cr.P.C. but the learned Additional Sessions Judge, Ferozepur, dismissed his application for bail in anticipation of arrest. Therefore, the petitioner has approached this Court for the same relief.

2. I have heard the counsel for both the sides and perused the records on file.

3. The learned counsel for the petitioner contends that the amount alleged to have been embezzled by the petitioner has been deposited. He also relies upon annexure A-1, the copy of the receipt for the alleged deposit of Rs. 50,000/-. He further contends that the petitioner has been falsely implicated that nothing is due to be recovered from him, that there is a


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