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2018 Supreme(P&H) 3699

DAYA CHAUDHARY
Giri Raj – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
P.S. Ahluwalia, Adv., Manish Dadwal, Adv., Lokesh Sharma, Adv.

JUDGMENT

Daya Chaudhary, J. - Petitoner-Giri Raj has filed the present petition under Section 439 of the Code of Criminal Procedure for grant of regular bail to him in case FIR No.287 dated 05.10.2016 registered under Sections 406, 420 and 120-B of the Indian Penal Code at Police Station Julana, District Jind, during pendency of trial.

2. Learned counsel for the petitioner submits that initially the FIR was registered under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code but after the investigation, the challan was presented under Sections 406 and 420 IPC read with Section 120-B of the Indian Penal Code. Thereafter, the charges were framed under Sections 406, 420 and 120-B of the Indian Penal Code. Learned counsel also submits that the allegations in the FIR relate to non-payment or under payment of the bills raised by the complainant party which does not attract the criminal liability and cannot form the basis of criminal prosecution. The petitioner was working as an agent of Ram Dev International Limited, Karnal and any lapse on behalf of the principal, the agent cannot be held vicarious liable and no criminal liability can be fastened upon him. The allegations in t

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