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Anil Singla vs State Of Punjab on 8 April, 2019

CRM-M-2204-2019 -1-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH

CRM-M-2204-2019
Date of decision: 08.04.2019

Anil Singla …Petitioner

Versus

State of Punjab …Respondent

CORAM: HON’BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:- Mr. R. K. Girdhar, Advocate
for the petitioner.

Mr. M. S. Nagra, AAG, Punjab.

Mr. Manav Bajaj, Advocate
for the complainant.

ARVIND SINGH SANGWAN, J. (Oral)

The petitioner prays for grant of anticipatory bail in FIR

No.263 dated 20.12.2018 under Section 406 IPC and Section 3 (1) of

SCST Act, 1989, registered at Police Station Kotwali, Bathinda, District

Bathinda.

The operative part of the order dated 18.01.2019, vide which

the petitioner has been granted interim bail, is reproduced below:

“Learned counsel for the petitioner submits that the
allegations in the FIR are that the petitioner had obtained
certain blank cheques, stamp papers and also obtained
signatures on blank papers and the same have been
wrongly used and instead of returning the same, he has
abused the complainant in the name of her caste. It is
further submitted that in fact, it was a money dispute
between the parties and on 20.05.2016, the complainant
had obtained an amount of Rs.5.00 lacs as loan from the
petitioner and in lieu thereof, she has issued a cheque of
Rs.5.00 lacs, which was dishonoured on presentation
before the Bank. Learned counsel further submits that the
petitioner has filed a complaint under Section 138 of the
Negotiable Instruments Act on 20.10.2016, in which the

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CRM-M-2204-2019 -2-

complainant was summoned on 05.12.2016 and now the
aforesaid case is fixed for recording the evidence and in
the meantime, the complainant has got the aforesaid FIR
registered, in which it is stated that she was called by the
petitioner at his residence for effecting some settlement
and she had been abused by the petitioner in the name of
her caste. Learned counsel has further submitted that the
FIR is nothing but a tactic to put pressure on the petitioner
to withdraw the aforesaid complaint.

Notice of motion for 08.04.2019.”

Learned counsel for the petitioner submits that the petitioner, in

pursuance to the order dated 18.01.2019, has already appeared before the

SHO/Investigating Officer and has joined the investigation.

Learned counsel for the State, on instructions from HC Gurmail

Singh, has not disputed the factual position and submits that the petitioner

has joined the investigation and is no more required for any further

investigation.

Learned counsel for the complainant has, however, submitted

that the money dispute already stands resolved prior to the registration of

this FIR.

In reply, learned counsel for the petitioner submitted that a

complaint under Section 138 of the N.I. Act has already been filed by the

petitioner in which the complainant is facing trial.

In view of the above, the petition is allowed and the interim

bail granted to the petitioner, vide order dated 18.01.2019, is made absolute

subject to the conditions envisaged under Section 438(2) Cr.P.C.

08.04.2019 (ARVIND SINGH SANGWAN)
Waseem Ansari JUDGE

Whether speaking/reasoned Yes/No
Whether reportable Yes/No

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