IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ****

262 CRM-M-59950-2025 Date of Decision : 22.12.2025 MOHIT NISHCHAL AND ANOTHER ...Petitioners VERSUS STATE OF PUNJAB ...Respondent CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. Amit Dhawan, Advocate for the petitioners.

Mr. Gautam Thapar, Sr. DAG, Punjab.

Mr. J. S. Ghumman, Advocate for the complainant.

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AARADHNA SAWHNEY, J. (ORAL)

1. This petition for grant of anticipatory bail under Section 482 BNSS, has been filed by petitioners, accused in case bearing FIR No.186 dated 23.09.2025, registered against them at Police Station Division 6, District Police Commissionerate Jalandhar, for the commission of offences punishable u/s 406, 420, 120-B IPC.

2. Relevant facts as emerging from documents on record be noticed hereinbelow:-

Mehal Singh, son of Virsa Singh, resident of ward No.12, Village Agwar Sidhuan, Dharamkot, District Moga, set the criminal law in motion by filing a complaint pointing therein that Shabnam Nischal (petitioner No.2), who had sent one of his distant relatives to Europe was known to him. He had a talk with her about sending his son to foreign land. She assured to send his son Gagandeep Singh to New Zealand on work permit, which may cost about 15 to 16 lakhs. Relying on the assurance given by her, Rs.1,50,000/- was transferred in her account on 03.05.2024. A month thereafter, Tourist Visa for New Zealand was arranged. Both Shabnam (petitioner No.2) and her husband, namely, Mohit Nishchal (petitioner No.1) demanded more money by stating that the expenses have escalated to Rs.19 lakhs. Since complainant was desirous of sending his son abroad, Rs.16,50,000/- in all, was transferred in her account and on her asking remaining amount of Rs.2,50,000/- was paid in cash to one Sikander Singh at Nakodar Chowk, Jalandhar. After passport was received by complainant on 11.05.2025, he became suspicious and made enquiries at his own level and also got the V isa checked up from New Zealand Embassy, whereupon, to his utter surprise and shock he came to know that he had been cheated and that the Visa was fake. Thereafter, he contacted both petitioners and requested them to return the amount. Initially, they kept on lingering the matter and came up with the plea that the information given by Embassy is not correct. But later they stopped responding to his calls. Complainant further pointed out that on several occasions he visited the office of petitioners, to find out about their whereabouts but could not make much headway. On one such ocassion, when they visited the house of petitioners, they met petitioner No.1 (husband of petitioner No.1) and his brother, who assured to amicably resolve the dispute. In pursuance thereof two cheques, bearing No.000021 dated 12.05.2025 amounting to Rs.5,00,000/- and No.000022 dated 02.06.2025 amounting to Rs.5,50,000/-, drawn at Bank of Baroda were handed over to them. Cheque dated 12.05.2025, when presented to the bank was dishonoured. Complainant also mentioned the details of the amount credited in the account of petitioner No.2, as also the cash amount handed over at her instance to people known to her (petitioner No.2). Towards the end, he alleged that a calculated fraud has been played on him by both petitioners, who duped him of his hard earned money by extending false promises/assurances that they would be able to send his son abroad, knowing fully well that they would not be able to do so.

In May 2024, Rs.1,50,000/- were credited in the account of petitioner No.2. Certain ‘WhatsApp’ conversations between complainant and petitioner No.2 also came to the notice of police authorities. In all Rs.10,50,000/- was transferred by complainant in the account of petitioner No.2. That apart, Rs.5 lakhs were paid by cheque to Apurva Arora, partner of MR Overseas Visa. It further came out during the enquiry that accused-persons had called complainant to his office and had given him the job letter of his son, who was to work as a ‘Waiter’