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2018 Supreme(P&H) 1167

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arvind Singh Sangwan, J.
Jatinder Singh Walia – Petitioner
Versus
State of Punjab – Respondent
CRM-M-16394-2018 (O&M)
Decided On : 28-05-2018

Advocates Appeared:
For the Petitioner:Bipan Ghai, Sr. Advocate with Mr. Vishavjit S. Virk, Advocate
For the Respondent: Mr. Abhaypal Singh Gill, AAG,
For the Complainant :Mr. Raj Kumar Gupta, Advocate

The court considered the nature of the business transactions, the absence of verified property documents, and the petitioner's judicial lock-up in granting bail.

Headnote:

IPC - Bail Application - Sections 380/506 and 120-B IPC - 409 and 420 of IPC - 138 of the Negotiable Instruments Act - FIR No. 12 dated 30.06.2017 - [Sections 380, 506, 120-B, 409, 420, 138]

Fact of the Case:

The petitioner was accused of inducing the complainant to invest in properties, receiving large sums of money, and failing to fulfill the agreements. The complainant alleged criminal breach of trust and cheating, leading to the filing of an FIR.

Finding of the Court:

The court found that the long-standing business transactions between the petitioner and the complainant, spanning over 8 years, made it difficult to establish criminal breach of trust. The court also considered the petitioner's judicial lock-up, pending investigation, and the nature of the offenses.

Issues: The issues revolved around the alleged criminal breach of trust, cheating, and the petitioner's involvement in the business transactions with the complainant.

Ratio Decidendi: The court considered the long-standing business relationship, the absence of verified property documents, and the petitioner's judicial lock-up in granting bail.

Final Decision: The petitioner was granted bail with conditions, including surrendering his passport, providing sureties, and cooperating in the investigation. The prosecution was also given the right to apply for bail cancellation if the petitioner misused the concession or threatened the witness/complainant.

JUDGMENT :

ARVIND SINGH SANGWAN, J.

CRM-18528-2018

1. Prayer in this application is for correction in the head note and the prayer clause by adding Sections 380/506 and 120-B IPC.

2. For the reasons stated in the application, the same is allowed and head not and prayer clause of the petition, Sections 380/506 and 120-B IPC are added.

3. Registry is directed to make necessary correction.

4. Application stands disposed of.

CRM-18894-2018

5. Affidavit of attorney of the complainant Jaswant Dass alongwith the synopsis and documents are taken on record.

6. Applications stands disposed off.

CRM-M-16394-2018 (O&M)

7. Prayer in this petition is for grant of regular bail to the petitioner in case FIR No. 12 dated 30.06.2017, under Sections 409 and 420 of IPC, Police Station NRI, District Jalandhar.

8. Brief facts of the case are that the FIR was registered at the instance of one Jaswant Dass, who is an NRI, with the allegtions that the petitioner was introduced to him by one Amar Singh Chahal, who was posted as S.P. The petitioner alongwith said Amar Singh Chahal, induced the complainant to invest his money in properties so that he could make huge profits. Later on, the complainant sent two separate payments of $ 50,000 and $ 1,00,000 (Canadian) to the petitioner and the petitioner purchased house Nos. 133 and 162 in Lajpat Nagar, Jalandhar. Two plots were also purchased in Kapurthala. The complainant, thereafter, visited India and he was shown the properties and was assured that the same have been purchased in his name. Since, the complainant had reposed faith in the accused, so he never demanded the documents of title of the said properties. Later on, the petitioner/accused asked him that the said properties are to be sold, therefore, he should execute a General Power of Attorney in his name and on 05.03.2009, the complainant executed the General Power of Attorney in favour of the petitioner. It is further alleged in the FIR that later on the petitioner demanded more money for investment in business and the complainant through the petitioner sold a plot measuring 40 marlas for Rs. 1,32,00,000/- and sale proceeds were retained by the petitioner for investment purpose. Thereafter, the complainant further sold a plot measuring 52 marlas owned by Gurmail Singh, brother-in-law of the complainant and again the sale proceeds were retained by the petitioner for investment purpose. It is further submitted that when the complainant came back to India and demanded the documents of the properties, then the petitioner informed him that the properties have already been sold and he will pay him the sale proceeds. It is further stated in the FIR that the petitioner, his wife Rachna and daughter came to his house and after settling the accounts, they admitted that they owed an amount of Rs. 6,80,00,000/- to the complainant and assured that the payment will be returned. It is further stated that the said Amar Singh Chahal, S.P. also intervened and effected the settlement between them. Thereafter, the petitioner executed an agreement to sell in favour of the complainant qua his joint land in village Wadala Kalan, Tehsil Jalandhar in order to return the sum of Rs.6,80,00,000/-. Later on, the petitioner again demanded Rs.13,00,000/- and stated that he will sell his property and make the entire payment and the complainant paid said amount and an endorsement was made on the reverse side of the agreement to sell. Thereafter, on 04.08.2014, the petitioner alongwith his family approached the complainant and demanded an amount of Rs.2 lacs as it was required urgently and the complainant paid the said amount by making another endorsement on the reverse side of the agreement. The complainant has stated that when the amount was paid to the petitioner, the value of Canadian Dollar was equivalent to Rs. 35 now it has arisen to Rs. 55 and similarly the sister's husband of c



















































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