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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NARENDER SHARMA @ NITIN SHARMA – Appellant
Versus
STATE OF HARYANA – Respondent
JUDGMENT :
SUMEET GOEL, J. (Oral)
Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) (old Section 438 of Cr. P.C.) for grant of pre-arrest/anticipatory bail to the petitioner, in case bearing FIR No.80 dated 18.03.2022, registered for the offences punishable under Sections 506, 420, 406, 365, 342 of IPC, 1860, at Police Station City Pehowa, District Kurukshetra.
2. The gravamen of the FIR in question reflects that the criminal law was set into motion on the basis of complaint moved by the complainant – Pali Ram, proprietor of M/s Kissan Rice Mill, engaged in the trade of rice. As per the complainant, co-accused – Rajbir, who was also dealing in rice, approached him and offered to supply rice at concessional rates. It has been alleged that he was induced by said co-accused – Rajbir to purchase 3,000 quintals of rice at a concessional rate. On the pretext of such transaction, the complainant was called to Mohali, for making payments, where he was introduced to co-accused Dilbag Singh and the present petitioner. It has been further alleged that the substantial amounts were paid in cash on different occa
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....
The court affirmed that serious fraud allegations necessitate custodial interrogation, and delay in FIR does not negate the urgency for investigation.
Civil disputes can escalate into criminal offences if evidence of dishonest intention or misrepresentation is present; mere non-payment does not absolve criminal liability.
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