← Library
High Court of Punjab and HaryanaCRM-M/43588/2019allowed

Inder Vir Singla v. State Of Punjab

2021-08-23Mr. Justice Gurvinder Singh Gill3 pages

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-23.8.2021 Inder Vir Singla ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. G.S. Verma, Advocate for the petitioner.

Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Gurbhej Singh.

Mr. Balbir Kumar Saini, Advocate for the complainant. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral)

1. The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.152 dated 19.6.2019 under Section 420 IPC at Police Station Civil Lines Patiala, District Patiala.

2. At the time of issuance of notice of motion on 11.10.2019, the following order was passed :- "Learned counsel for the petitioner submits that the petitioner is one of the Managing Directors of travel consultancy firm namely Vihwalia Overseas Consultant, Bhadson Road, Patiala and that the complainant who is retired Police Officer had approached the petitioner seeking consultancy and assistance

( 2 ) for sending his son to Canada and for which an amount of `1,66,000/- had been paid. It had been submitted that although the requisite documents and application were submitted to the Canadian Embassy but the Visa had been declined. It is submitted that it had never been guaranteed by the petitioner that visa would be issued and that his job was only to provide consultancy and that the decision regarding issuance of Visa is taken by Embassy on the basis of credentials of applicant as well as his performance in interview and the fact that visa was not issued to the complainant cannot be interpreted to mean that the petitioner had cheated the complainant.

Notice of motion for 16.1.2020.

At this stage, Mr. Balbir Kumar Saini, Advocate has put in appearance on behalf of the complainant and has filed power of attorney, which is taken on record. Learned counsel for the complainant has submitted that he has instructions to settle the matter with the petitioner.

Learned counsel for the petitioner submits that he shall seek instructions from his client for paying back an amount of `1,66,000/- positively to the complainant by the next date of hearing.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned counsel for the petitioner has submitted that the matter has been amicably resolved amongst the parties. The aforestated position regarding

( 3 ) compromise is duly endorsed by Shri Balbir Kumar Saini, Advocate, who is appearing on behalf of complainant.

4.

Learned State counsel has also informed that the police is also going to file a cancellation report.

5.

In view of the aforestated position wherein the matter is stated to have been amicably resolved and in fact even the police is contemplating to file a cancellation report, the petition is accepted and the interim directions issued by this Court vide order dated 11.10.2019 are made absolute. 23.8.2021 ( Gurvinder Singh Gill ) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No