Inderjit Singh v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (i) CRM No.M-1222 of 2018 (O&M) Inderjit Singh
...Petitioner
VERSUS
State of Punjab
...Respondent
(ii) CRM No.M-2603 of 2018 (O&M) Gaurav Chophla
...Petitioner
VERSUS
State of Punjab
...Respondent
(iii) CRM No.M-3429 of 2018 (O&M) Ravi Kumar
...Petitioner
VERSUS
State of Punjab
...Respondent
Date of Decision: July 10, 2018
CORAM:
HON'BLE MR. JUSTICE INDERJIT SINGH
Present:
Mr.M.J.S.Bedi, Advocate for the petitioner (in CRM No.M-1222 of 2018). Mr.G.S.Sidhu, Advocate for the petitioner (in CRM No.M-2603 of 2018). Mr.J.S.Thakur, Advocate for the petitioner (in CRM No.M-3429 of 2018).
CRM No.M-1222 of 2018 and connected petitions -2Mr.Pawan Sharda, Sr. Deputy Advocate General, Punjab for the respondent-State.
**** INDERJIT SINGH, J.
All the above-mentioned cases are taken up together as these have arisen from same FIR.
Petitioners have filed these petitions under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.137 dated 20.12.2017 under Sections 420, 465, 467 and 471 IPC, registered at Police Station Hariana, District Hoshiarpur.
Notice of motion was issued. Learned State counsel appeared and contested the petitions.
I have heard learned counsel for the petitioners as well as learned State counsel and have gone through the record. From the record, I find that FIR in the present case has been got registered by Ashwani Kumar Vashisht, Manager, Punjab National Bank against present petitioners. As per the allegations, one cheque bearing No.FRI 478689 amounting to `5 crores in favour of petitioner Inderjit singh was presented in their bank for clearing through Punjab Gramin Bank as agent bank and Punjab Gramin Bank, Mehangrowal as collection bank. Since the cheque was of high value, the bank enquired from the drawer Upper Zila Adhikar (Land & Acquisition) Noida, who informed that they have not issued the said cheque. While entering the cheque in CBS system, it was cautioned that 'particulars of cheque not available with the bank, please consult drawer'. It came to the notice of the bank that this cheque is presented to make an attempt to commit a fraud and for causing great
CRM No.M-1222 of 2018 and connected petitions -3financial loss and harm to the bank. During enquiry, it was found that petitioner Inderjit Singh presented the cheque, petitioner Ravi Kumar is the main conspirator and petitioner Gaurav Chophla filled the name of Inderjit Singh in the cheque.
Keeping in view the facts and circumstances of the case, nature and gravity of the offence and in view of the fact that petitioners conspired for committing fraud of `5 crores with the bank, I do not find it a fit case where petitioners are entitled to benefit of anticipatory bail. The petitioners are required for custodial interrogation.
Therefore, finding no merit in all the petitions, the same are dismissed. The orders granting interim bail to the petitioners stand vacated. However, nothing stated above, shall constitute my opinion on merits of the case.
July 10, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No