MEENAKSHI I. MEHTA
Deepak Bhatia – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Meenakshi I. Mehta, J. - Apprehending his arrest in the criminal case pertaining to the FIR bearing No.268 dated 22.08.2019 registered at Police Station Civil Line, Sirsa, under Sections 406 and 420 IPC, the petitioner has preferred this petition for seeking the relief of anticipatory bail.
2. Bereft of unnecessary details, the allegations, as levelled by complainant Harbhajan Singh Dhanju in the subject FIR, are that the father of the petitioner was his close acquaintance. In October 2011, the petitioner introduced him to his (petitioner's) co-accused Karamjit Singh Brar while disclosing that his said co-accused was the owner of V2 (half) share in PlotNo.2235, Sector 20, Part-3, HUDA, Sirsa and he (complainant) agreed to purchase the same for a sum of Rs.14,55,000/-. He had paid the afore-said amount to the said owner through the petitioner on different occasions who had been issuing the receipts in this regard. The petitioner also executed a receipt qua having received the entire amount of sale consideration from him (complainant) and then, an agreement qua the said sale transaction was executed but thereafter, the petitioner and his co-accused kept on dillydallying the ex
The court emphasized that the denial of signatures and failure to join the investigation raised the possibility of custodial interrogation, and the non-filing of a civil suit for specific performance....
The court emphasized the reliance on documentary evidence and the need for trial to determine the fraudulent inducement and offenses.
The main legal point established in the judgment is that allegations, even if true, may constitute a civil liability rather than a criminal offense, and the pendency of a civil suit for specific perf....
The power of anticipatory bail under Section 438 of the Cr.P.C. is to be exercised in exceptional cases, and custodial interrogation may be necessary for effective investigation in certain cases.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.