IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SWARANJIT SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent
1. Prayer
The jurisdiction of this Court has been invoked under Section 482 of the BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No.181 dated 01.05.2026 under Sections 420, 506, 120-B of IPC (Section 318(4), 351(3), 61(2) of BNS registered at Police Station Kharar, District SAS Nagar, Mohali (Annexure P-1).
2. Contention
On behalf of the petitioner
Learned counsel for the petitioner submits that the essential ingredients of the offence of cheating are wholly absent in the present case, inasmuch as there is no allegation that the petitioner had any dishonest or fraudulent intention at the inception of the transaction, which is a sine qua non for constituting an offence under Section 420 IPC/Section 318 BNS. It is contended that there is not even any breach of contract attributable to the petitioner and that a subsequent civil dispute cannot be given a criminal colour so as to attract penal liability. Counsel further submits that the FIR itself demonstrates that the consideration amounts were duly paid and that the transactions were acted upon by the parties. It is also argued that the impugned FIR was registered pursuant to the proceedings in CRM-M-2338-2026 tit
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