Sanjay Sibbal v. State Of Punjab

-1CRM-M-40888 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-40888 of 2017 Date of Decision: 01.11.2017 Sanjay Sibbal ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Paramjit Singh Sullar, Advocate, for the petitioner. RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 438 Cr.P.C. has been made for grant of anticipatory bail to petitioner Sanjay Sibbal in case FIR No.307 dated 28.09.2017 under Sections 406, 408 and 420 IPC registered at Police Station Salem Tabri, Ludhiana.

According to the prosecution, petitioner, while working as a commission agent with the complainant, by not paying the payment to the complainant after collecting the same from his customers cheated and misappropriated an amount of ` 20 lakh and a car make Ertiga. Learned counsel for the petitioner inter alia contends that false FIR has been lodged against the petitioner, because the customers of the complainant had directly made payment to the complainant and not through the petitioner. Therefore, there was no occasion for the petitioner to misappropriate any amount.

Considering the circumstances and the fact that there are Ravinder Singh 2017.11.03 14:21 I attest to the accuracy and authenticity of this document allegations of cheating and misappropriation of an amount of ` 20 lakh, therefore, the petitioner does not deserve the concession of anticipatory bail

-2CRM-M-40888 of 2017 inasmuch as he is required for custodial interrogation for recovery of the cheated/misappropriated amount.

Accordingly, the petition is dismissed.

(RAMENDRA JAIN) November 01, 2017 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2017.11.03 14:21 I attest to the accuracy and authenticity of this document