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Satish Kumar vs State Of Haryana on 29 July, 2021

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CRM-M No.8969 of 2020 1

203
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.8969 of 2020
Date of Decision:29.07.2021

Satish Kumar ……Petitioner

Vs

State of Haryana …..Respondent

CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH

Present: Mr.Piyush Aggarwal, Advocate
for the petitioner.

Mr. Rajat Gautam, DAG, Haryana.

****

RAJ MOHAN SINGH, J. (Oral)

The case has been taken up for hearing through

video conferencing.

Perusal of order dated 02.03.2020 would show that

due to typographical error in 2nd line of the order, word

“complainant” has appeared in place of word “petitioner”.

Registry is directed to carry out necessary correction in the

order.

Petitioner seeks grant of anticipatory bail under

Section 438 Cr.P.C in case bearing FIR No.025 dated

28.01.2020 registered under Section 406 IPC, at Police Station

Line Par Bahadurgarh.

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CRM-M No.8969 of 2020 2

Notice of motion was issued on 02.03.2020 with the

observation that none of the investors had come forward to

allege any incriminatory allegation against the petitioner. On

15.06.2012, a ‘Franchisee Memorandum of Understanding’ was

executed between the complainant and Sahara India, whereby

the complainant was appointed as Branch Manager of the

company. Conduct of the complainant was not found to be

conducive to the affairs of the company and he was suspended

on 25.09.2017. Petitioner was appointed as Branch Manager in

his place. The company had not denied the delay in returning

the maturity amount. Stand of the company was that some of

the investors had already received the amount of interest on

delayed payments. Petitioner was not responsible for causing

any delay in respect of payments as he was responsible for

managing affairs of the company by accepting the deposits from

the interested investors and place the same in the account

maintained by the company. On maturity, the company used to

issue vouchers of maturity amount due to the investors and

would furnish the details of cheques/ demand drafts etc. for

making payment to the investors. Petitioner could only operate

the accounts of receiving the vouchers from the head office and

then to pay to the investors. In view of aforesaid procedure, the

petitioner has no such power and authority to deal with the

accounts of the investors without approval of the head office as

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CRM-M No.8969 of 2020 3

the financial transactions are regulated by SEBI as per orders of

the Hon’ble Apex Court.

Learned counsel for the petitioner submits that in

compliance of the order dated 02.03.2020, petitioner has joined

the investigation to the entire satisfaction of the Investigating

Officer.

Learned State counsel, on instructions from SI

Mahesh Pal, admits the aforesaid fact and submits that the

petitioner is no more required for further investigation in the

case. Learned State counsel further states that even challan

has been submitted.

In view of above, interim order dated 02.03.2020 is

made absolute, however, the petitioner shall keep on appearing

before the trial Court regularly.

Petition stands disposed of accordingly.

(RAJ MOHAN SINGH)
29.07.2021 JUDGE
Amandeep

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

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