IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 08.05.2025 Ginnu ...Petitioner Versus State of Punjab and another ... Respondents CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Ms. Damini Aggargwal, Advocate, for the petitioner (through V.C.)

N.S.SHEKHAWAT , J. (Oral)

1. The petitioner has filed the present petition under Section 480(5) of B.N.S.S., 2023 with a prayer to set-aside the impugned order dated 13.01.2025 (Annexure P-2) passed by this Court, whereby, the benefit of anticipatory bail was granted to respondent No.2 in a case arising out of FIR No. 126 dated 09.08.2024 under Sections 406 and 420 of IPC, Section 13 of Punjab Travel Professional (Regulation) Act, 2014 and Section 24 of the Immigration Act, registered at Police Station Jalandhar Cantt.

(Annexure P-1).

2. The FIR in the present case was registered on the basis of the statement made by Ginnu, daughter of Robert Kalyan, petitioner and the copy of the initial complaint has been reproduced below:-

“Hon'ble Commissioner of Police, District Jalandhar. Subject: Application Barkhilaf Travel Agent Vinod Daniel son of Pramod Kumar Resident of House No. 530, New Defence Colony, Phase-1, Complaint letter from Jalandhar Cantt regarding committing fraud of 5 lakh rupees on the pretext of sending it to USA. Dear Sir, I am Ginnu, daughter of Robert Kalyan, resident of 17-C, Gali-3, Suman and Public School, Gulmarg Avenue, Ladhewali, Jalandhar. Vinod Daniel is a priest by profession and has known me and my family for a long time. Last year in April/May, the said Vinod Daniel came to our house and with the intention of misleading me and my father and incited me to attend a pastor's conference abroad in New Jersey (USA). In this regard, Vinod Daniel asked me for 5 lakh rupees. My father and I came in his talk and 1 was convinced by him, I agreed to go abroad. We transferred the said amount through the bank in three installments. In this regard the said Vinod Daniel also signed an agreement dated 24-05-2023 and he assured me that if He does not get my visa then he will return all the money. A copy of the contract is attached. As a security for the said money, he also issued me a cheque number 226173 dated 20-10- 2023 for Rs.4.40 lakhs, Punjab National Bank, Branch Deep Nagar, Jalandhar. Despite the lapse of seven months till January 2024, when the said Vinod Daniel did not apply for the visa and neither did gave a satisfactory answer, we pressured Vinod Daniel to return the said money, so he asked to deposit the said security check in the bank. But the said cheque also dishonoured due to reason insufficient balance in Vinod Daniel's account when it was presented in the bank. After the cheque dishonoured, we came to know about the said Vinod Daniel that he is a fraudulent man and he has cheated many people. Therefore, I request you to register a case against the said travel agent Vinod Daniel. Action should be taken and my 5 lakh rupees be returned. I will be thankful to you. Complainant SD/-Ginu daughter Robert Kalyan, Kalyan.”

3. Learned counsel for the petitioner argues that respondent No. 2 had cheated the petitioner to the tune of Rs.5 lacs on the pretext of sending the petitioner to America for attending a meeting of Pastors & Leaders Conference. Even the said amount was transferred in the account of respondent No. 2 by way of cheques and other modes. The respondent No.2 undertook to sent her to USA and had even issued a post dated account payee cheque dated 20.10.2023 (Annexure P-4) in favour of the petitioner. However, the respondent No. 2 neither sent the petitioner to USA nor returned the amount.

4. The respondent No. 2 ultimately filed anticipatory bail before this Court vide CRM M-60266 of 2024, wherein, he admitted through his counsel that after deducting the reasonable expenses, the petitioner was ready to return the remaining amount to the complainant (present petitioner). After obtaining interim bail on admission of repayment of cheated