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RAJBIR SEHRAWAT
Manmohan Singh Jassar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Rajbir Sehrawat, J. (Oral)
The present petition has been filed under Section 438 Cr.P.C., seeking anticipatory bail in case FIR No.201 dated 09.10.2023, registered under Sections 406, 420 and 120B IPC, at Police Station Gobindgarh Mandi, District Fatehgarh Sahib.
2. The basic facts, which are involved in the present case, are that the complainant alleges to have supplied metal scrap worth Rs. 2.08 crores approximately, to the firm of the petitioner, named, M/s Jassar Multi Metals. Out of the above-said, an amount of Rs. 30.50 lakh is stated to have been paid by the petitioner through cheques drawn upon his bank account. However, an amount of Rs. 1,77,69,336/- is not paid. When the complainant raised the issue of non-payment with the petitioner, he issued two cheques bearing No.000095 dated 06.10.2022, amounting to Rs. 27,69,336/- of Kotak Mahindra Bank and cheque No.005646 dated 05.05.2023, amounting to Rs. 1,50,00,000/- of Federal Bank. However, out of the said cheques, one cheque defaulted because the payment was stopped by the petitioner and the second cheque defaulted because the petitioner had closed the account itself. Thereafter, the complainant had filed a compla
Civil disputes can escalate into criminal offences if evidence of dishonest intention or misrepresentation is present; mere non-payment does not absolve criminal liability.
The court denied anticipatory bail due to serious allegations of cheating, emphasizing the need for custodial interrogation in economic offences to protect societal interest and ensure effective inve....
Criminal Proceedings should not be encouraged, when it is found to be mala fide or otherwise an abuse of the process of the court. Superior Courts while exercising this power should also strive to se....
The main legal point established in the judgment is the importance of considering the nature and gravity of the accusation, the character and behavior of the accused, and the likelihood of the offens....
Anticipatory bail can be granted where no case for custodial interrogation is made out.
The central legal point established in the judgment is the prohibition against the registration of multiple FIRs for the same cause of action, as established in T.T. Antony's case.
The court affirmed that serious fraud allegations necessitate custodial interrogation, and delay in FIR does not negate the urgency for investigation.
The main legal point established is the questionable validity of the second FIR and the significance of documentary evidence in the case.
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