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VIKAS BAHL
Raj Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral) - This is the first petition under Section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.237 dated 12.10.2021, under Sections 420 and 406 IPC, registered at Police Station City Rajpura, District Patiala.
2. Learned counsel for the petitioner has submitted that the petitioner runs a firm under the name and style of National/Sales Corporation, which is a super stockist of confectionery items and the complainant is a well known financier and because, the petitioner was in need of finances, he had approached the complainant for taking a loan. It is further submitted that the petitioner took a loan of Rs.5.50 lakhs from the complainant against which, as security, the complainant made the petitioner sign blank stamp papers and cheques with the assurance that they would be returned once the loan amount is repaid. It is also submitted that the complainant misused the said signatures obtained on blank stamp paper and cheques and prepared an agreement to sell dated 03.10.2019 with respect to the sale of the residential property of the petitioner for an amount of Rs.20 lakhs although, the loan taken by the petitioner was for an amo
The court emphasized the reliance on documentary evidence and the need for trial to determine the fraudulent inducement and offenses.
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.
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....
Anticipatory bail is an extraordinary privilege granted only in exceptional cases, and the nature and gravity of the accusation must be considered before granting such bail.
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....
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