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(2022) Law Today Live Doc. Id. 17144
Decided on: 16.08.2022
For Petitioner(s):
Mr. Arjun Mahajan, Adv. Mr. Sumit R. Sharma, AOR Mr. Raghavendra N. Budholia, Adv.
For Respondent(s):
Mr. Gourave Kumar Agarwal, AOR
Indian Penal Code, 1860 (45 of 1860), Section 420, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cheating – Anticipatory bail -- Agreement to sell could not fructify into sale deed and in subsequent negotiations, four cheques totalling a sum of Rs. 30 Lakhs were handed over to the complainant -- Cheques dishonoured, complaint u/s 138 of the NI Act filed -- Thereafter FIR u/s 420, 120B IPC – Petition for pre-arrest bail allowed.
(Para 2-5)
ORDER
1. The challenge in the present Special Leave Petition is to an order passed by the High Court of Punjab and Haryana on 17.05.2022, whereby an application filed by the petitioner for grant of pre-arrest bail for an offence under Section 420 read with Section 120B IPC was dismissed.
2. The petitioner is the owner of the house in question, which was agreed to be sold to the complainant. However, the agreement could not fructify into sale deed and in subsequent negotiations, four cheques totalling a sum of Rs. 30 Lakhs were handed over to the complainant. However, such cheques were dishonoured and admittedly, a complaint under Section 138 of the Negotiable Instruments Act, 1881 had been filed. It is thereafter, the complainant filed an FIR for an offence under Section 420 read with Section 120B IPC.
3. Keeping in view the facts and circumstances of the case, we deem it appropriate to order that in the event of arrest of the petitioner in connection with FIR No. 0221, registered at Police Station Division 3, District Police Commissionerate, Ludhiana, the petitioner shall be released on bail by the Arresting Officer, subject to the condition that she shall cooperate with the Investigating Officer as and when required.
4. In view of above, the Special Leave Petition is disposed of.
5. Pending interlocutory application(s), if any, is/are disposed of.
Order accordingly.
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