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1998 Supreme(P&H) 163

SAROJNEI SAKSENA
Man Mohan Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Dr. Sarojnei Saksena, J.

1. Petitioner is claiming anticipatory bail as Police Station, Civil Lines, Ludhiana has registered a criminal case under Sections 420/506 I.P.C. vide F.I.R. No. 369 dated 8.12.1997 against him.

2. Petitioners contention is that complainant Shri Parkash has lodged the afore-mentioned report against him alleging that petitioner had played a fraud and misappropriated amount of Rs. sixty lacs. Petitioner is N.R.I. and is residing in Dubai. He never came to Ludhiana in the year 1994. Therefore, the question of his entering into any agreement with the complainant in the year 1994 in Ludhiana does not arise. He has no business dealings with the complainant. Even the cheques issued by him are not in the name of the complainant but they are in the name of Saleh Abdulla Hamad, UAE. He also contends that even if certain cheques issued by the petitioner are not encashed by the Bank that will not amount to an offence under Section 420 I.P.C. as at the time when cheques were issued he never induced the complainant to deliver any goods to him. If there is any old business transaction under which certain amount is to be paid to the complainant for the goods allege

















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