High Court of Punjab and HaryanaCRM-M/44532/2025allowed

Sahil Chhabra v. State Of Punjab And Another

2026-03-24Mr. Justice Sanjay Vashisth8 pages

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Learned counsel for the petitioner contends that even from the prosecution case, it is clearly evident that a financial transaction has been illegally converted into a criminal offence. Even till date, the complainant has not availed the legal remedy to file a suit for recovery and the present FIR is a colourable exercise of power to convert a civil suit in a criminal offence. Notice of motion.

On the asking of Court, Mr. M.S. Bajwa, DAG, Punjab accepts notice on behalf of the respondent,State, while Mr.Nikhil

K. Chopra, Advocate has put in appearance on behalf of respondent No.2.

Heard.

In the meantime, the petitioner is directed to join the investigation. In the event of arrest, he shall be released on interim bail to the satisfaction of arresting/investigating officer subject to the conditions envisaged under Section 438 (2) Cr.P.C./482 (2) of BNSS, 2023.

With the consent of both the parties, the matter is referred to the Mediation and Conciliation Centre of this Court and the parties are directed to appear before it on 26.08.2025. List on 23.09.2025 "

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Learned counsel for the petitioner contends that there is no evidence available with the complainant to substantiate the allegation regarding the borrowing of a huge amount of Rs.1,90,00,000/, (Rupees One Crore Ninety Lakhs) from Baljit Singh (father of the complainant).

It is submitted that these allegations have been raised by the complainant, Sumeet Singh, only after the demise of his father, whereas during his lifetime, no complaint was ever made by Baljit Singh alleging that the accused persons had failed to return the borrowed amount or that he had been cheated or defrauded by them. Moreover, complaint is devoid of any specific details such as the time, place, or date of the alleged borrowing. The source of the alleged amount is also not explained by the complainant.

Counsel for the petitioner further submits that the matter clearly pertains to a financial dispute, and present criminal case has been registered, merely to exert pressure on the petitioner and other co,accused. It is also pointed out that complainant has

not availed of any remedy available under civil law, such as filing a suit for recovery of the alleged amount. However, petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 4.

Additionally, counsel for the petitioner contends that the dispute has already been referred to the Mediation and Conciliation Centre of this Court, vide order dated 18.08.2025 passed in CRM,M,44532,2025.

Notice of motion.

On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent , State, and Mr. Nikhil Chopra, Advocate, puts in appearance on behalf of the complainant, and submits that dispute in the present case can also be referred to the Mediation and Conciliation Centre of this Court for amicable settlement.

Since, the dispute has already been referred to the Mediation and Conciliation Centre of this Court in CRM,M, 44532,2025, parties are required to appear before the Mediation and Conciliation Centre of this Court on 26.08.2025. 8.

Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad,interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.

10.

Adjourned to 23.09.2025, awaiting report.

To be heard along with CRM,M,44532,2025.< ##%'((%#'('%

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Counsel for the petitioner further submits that the matter clearly pertains to a financial dispute, and present criminal case has been registered, merely to exert pressurehon the petitioner and other co,accused. It is also pointed out that complainant has not availed of any remedy available under civil law, such as filing a suit for recovery of the alleged amount. However, petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 4.

Notice of motion.

Adjourned to 23.09.2025.

To be heard along with CRM,M,44532,2025.

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses.Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court."

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That pursuant to the order dated 16.09.2025 passed by this Hon' ble High Court, the present petitioner duly joined investigation on 19.09.2025, whereupon he was released on interim bail in terms of the directions of this Hon'ble High Court. 6.

That it is further submitted that the other accused, namely Sahil Chhabra and Jatinder Chawla, were also granted the concession of interim anticipatory bail by this Hon'ble High Court vide orders dated 18.08.2025 and 25.08.2025 respectively. Pursuant thereto, accused Sahil Chhabra joined the investigation on 22.08.2025 and was released on interim bail as per the directions of this Hon'ble High Court, and, accused Jatinder Chawla joined the investigation on 03.09.2025 and was released on onetrin bail as per the directions of this Hon'ble High Court. Furthermore, accused Sham Chhabra still remains to be arrested. It is further submitted that the investigation in the present case is ongoing."

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