Karambir @ Kammi v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-13.12.2021 Karambir @ Kammi ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Jitendra Singh, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana, assisted by ASI Satpal.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.117 dated 24.4.2021 at Police Station Bilaspur, District Yamuna Nagar under Sections 420, 406, 467, 468, 471 and 120-B of Indian Penal Code.

2.

The FIR was lodged at the instance of proprietor of 'M/s Vedas Enterprises', wherein it is alleged that he deals in supply of building materials and electric gadgets. It is alleged that Rakesh Kumar, Karambir and Anup approached him for purchase of building material and had purchased 100 bags of cement for an amount of `36,000/- on 29.7.2020. Another consignment of 100 bags of cement was purchased on 5.8.2020 for an amount of `36,000/- and in lieu

( 2 ) of the said two purchases cheque bearing No.035500 dated 29.7.2020 and cheque bearing No.035499 dated 5.8.2020 totaling an amount of `72,000/- were handed over to the complainant. However, upon presentation of the said cheques, the same were dihonoured. Upon inquiries made from the bank, it was revealed that the signatures on the said cheques were forged. 3.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and infact it is a case of some dispute regarding monetary transactions and that his cheques have been misused.

4.

On the other hand, learned State counsel has submitted that the petitioner cannot escape from his liability inasmuch as the cheques in question have been issued from his cheque book pertaining to his bank account and that the accused had cleverly issued the cheques by affixing forged signatures, so that the same are dishonoured and the accused are able to take delivery of cement worth `72,000/- without actually paying anything. Learned State counsel has, however, informed that the petitioner as on date has been behind bars since the last about 4 months and 10 days and happens to be involved in one more case. It has been informed that challan already stands presented and that charges have been framed but not even a single PW out of the cited 6 PWs has been examined.

5.

I have considered rival submissions addressed before this Court. 6.

Having regard to the facts and circumstances of the case and without commenting anything as regards merits of the case but while noticing the custody period of the petitioner, the petition is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety

( 3 ) bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

13.12.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No