High Court of Punjab and HaryanaCRM-M/909/2017disposed of

Balachandran v. State Of Punjab

2017-02-23Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-909 of 2017 Date of decision : February 23, 2017 Balachandran ....Petitioner versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Rajat Mor, Advocate, for the petitioner Mr. Gurinderjit Singh, DAG, Punjab for the respondent Fateh Deep Singh, J. (Oral) The allegations against petitioner Balachandran in this anticipatory bail under section 438 Cr.P.C. are that the present case was got registered by complainant Harinder Singh, Director of Punjab Batches Industries Private Limited Growth Center, Mansa Road, Bathinda against the company of petitioner M/s Malti Machines Pvt. Ltd., Amathur (Tamil Nadu) on the allegations that both the companies have entered into an agreement whereby the complainant has paid a sum of Rs 75,90,358/- to the accused for supply of the machines and which he did not and the same was termed as deceit and fraud by the petitioner.

The contentions of counsel for the petitioner are that it was a pure business transaction which has been given the tinge of criminality though on behalf of the State with all fairness it is admitted that there is an agreement entered into between the parties for the supply of machines and non-fulfillment of that very agreement being a debatable issue if it falls Dalbir Singh Tiwana 2017.02.27 16:27 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-909 of 2017 -2under the ambit of criminality and nothing is to be recovered from the petitioner.

In view of the aforesaid, the present petition is allowed. In the event of arrest, the petitioner shall be released on bail to the satisfaction of arresting/investigating officer till submission of report under section 173 Cr.P.C. (challan). The petitioner shall, however, join the investigation as and when called for and shall also abide by the conditions specified under section 438 (2) Cr.P.C. Thereafter, petitioner will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. ( Fateh Deep Singh ) February 23, 2017 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2017.02.27 16:27 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.