IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 08.09.2025 Ankur Mittal ....Petitioner V/s State of Haryana ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. V.K. Jindal, Senior Advocate with Mr. Akshay Jindal, Advocate and Mr. Abhishek Shukla, Advocate for the petitioner.

Mr. Tarun Aggarwal, Additional Advocate General, Haryana.

Mr. R.K. Samyal, Advocate for the complainant.

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SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.0080 dated 07.02.2023, under Sections 406, 420 and 120-B of IPC (Section 3 of the Haryana Protection of Interest of Depositors in Financial Establishment Act, 2013 added later on) registered at Police Station Thanesar Sadar, District Kurukshetra.

2. On 02.06.2023, the following order was passed:-

“Present petition has been filed under Section 438 of Cr.P.C.

praying for grant of anticipatory bail to the petitioner in case bearing FIR No 0080 dated 07.02.2023 registered under Sections 406, 420, 120-B of the Indian Penal Code (Section 3 of Haryana Protection of Interest of Depositors in Financial Establishment Act, 2013 added later on) at Police Station Thanesan Sadar. District Kurukshetra.

Learned Senior counsel for the petitioner has supplied the statement of accounts of the petitioner showing that the alleged amount of Rs 1,08,00,210/- had been duly transferred to the accounts of some of the complainants. He further contends that petitioner is ready to settle the entire dispute with the complainants and prays for interim protection.

Notice of motion.

Mr. Bhupender Singh, DAG Haryana, who is present in the Court, accepts notice on the asking of the Court and seeks time to file reply/status report and Mr. Rajinder Sharma, Advocate and Mridul Sharma, Advocate have put in appearance on behalf of the complainant, filed their power of attorney, which is taken on record and seeks time to file reply.

Adjourned to 06.07.2023.

Meanwhile, arrest of the petitioner shall remain stayed, till the next date of hearing.

State is directed to file reply in pursuance of the statement of accounts furnished by learned Senior counsel for the petitioner. Learned counsel for the complainant is also directed to file a detailed reply, if they wish to do so.

3. Thereafter, on 22.05.2024, the following order was passed in this case:

“On 31.05.2023, a Coordinate Bench of this Court, while issuing notice of motion. had noticed the following submissions made by the learned Senior counsel appearing for the petitioner: -

“Learned counsel for the petitioner submits that the alleged payments have been duly transferred in the accounts of the complainants.”

Thereafter, on 02.06.2023, it was ordered that no coercive steps shall be taken against the petitioner.

At the outset, learned State counsel, on instructions from ASI Surinder, has informed the Court that the FIR in question was registered at the instance of complainant-Sohan Lal. The complainant-Sohan Lal had explicitly stated in his statement under Section 161 Cr.P.C. that he had transferred Rs.10 lakhs to the petitioners through bank transactions, which amount has since been returned to him and that too, via bank transactions.

When a pointed query was put to the learned State counsel about the total amount transferred to the petitioners via bank transactions, the learned State counsel, on instructions, informed the Court that as per the complainant- Sohan Lal, amount to the tune of approximately Rs.10 lakhs had been transferred through the bank. The remaining amount of approximately Rs.97 lakhs had been allegedly given to the accused in cash. Learned State counsel has submitted that on the previous date of hearing i.e. 02.05.2024, it had been erroneously noted that an amount of Rs. 47 lakhs, in addition to Rs.2 crores, was paid in cash to the accused.

Learned State counsel has further submitted that as on date, since all the amount transacted through bank transac