Ashok Gogna v. State Of Punjab









 

 








 







!!"
#
$ %&

'(
 

  

!
 "
# 
$ 
 



 )*+
) , -.
(/ 

)
' 
 )+

& 0).
 .
*1  
 ,
33 +.
(/ 

)
,'+   # 
$ 
!
% &'()



5  .
)
* 
) (
'

(
)
)  
6 (
 ( .
*'
)
 
'

1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner seeks the concession of anticipatory bail, in case FIR No.122 dated 08.06.2024, under Section 420 of the IPC, registered at P.S. City Phagwara, District Kapurthala.

2. The learned counsel for the petitioner submits that, in fact, a monetary dispute has been camouflaged as a criminal litigation. The complainant Lalit Sharma and his partner Om Parkash Jain are moneylenders and they lent a total loan of Rs.47,00,000/- to the petitioner. All these loan transactions were facilitated by one Rajan Sharma. The petitioner has, w.e.f.

 18.01.2022 to 16.01.2024, already returned an amount of Rs.50,34,475/- to the complainant Lalit Sharma and his partners- Om Parkash Jain and Balwinder Singh. However, despite disclosing the details of repayment of loan amount to the complainant, the police has registered the instant FIR. The complainant has, instead of recoursing the provisions of civil law, has instituted the present criminal proceedings.

3. Lastly, the learned counsel for the petitioner submits that, even if the allegations are taken to be a gospel truth, yet the custodial interrogation of the petitioner is not required, as the case is based upon documentary evidence.

4. At this stage, Mrs. Ritam Aggarwal, Advocate, records her appearance on behalf of the complainant, under a validly executed Vakalatnama instituted before this Court today. She opposes the grant of anticipatory bail to the petitioner on the ground that the petitioner has cheated the complainant, inasmuch as, despite executing an agreement to sell in respect of the property in question in favour of the complainant, the petitioner sold it to some other person.

5. Notice of motion for 13.08.2024.

6. Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

7. Be that as it may, since (i) the dispute is prima facie civil in nature; and (ii) the entire case is based upon documentary evidence; this Court deems it appropriate to grant the asked for relief to the petitioner.

8. Therefore, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The

  petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C.7


!( 8.
)
+ (
 
*+
) .

 *
,'

(

),
28
)
 +
 (.
 (
) 
'* * 

)
, 03

)
)  2/
6 (
 ( .
)
' 9:
) (
1(
/3 
(
)


+3
;* (

*( +
 3 

-
/4

)
2/.
)
)  2/
6 (
 ,
 (
( (
5  .

) 28
, (
'*+(,.
*21

)
)  
6 (
(

<9:
)
' 9:
) ++

,,


,+

)
' 
=

9:
)
' 9:
) ++

( +8

( +8
, 0
8
(*,.
)  

' ,

8
' 
;* (
4)
)
 

)
 =

9:
)
' 9:
) ++
, 0
),+>) +
/ + 2+

 3 
28

'+


(
4)
;* ( 7

!)
 (
)*+(

2
  (

<2+ 07
 (
-
4++

2
 (
3 3
' 9:
(
' 
 ,

-
) ++
2
(

)
#-
,(

(
4++

' 

'

8
)
(
) 
/+/
,,




?

(+

 8
) 
8)3
2 /(
)  2/
) ++

2
 *(

2

'

)
, 

)
  %# 
$ )





 

8
@))
' 03>  (


A> 
@))
'  2+


A>