Purshotam Dass v. State Of Haryana

2024:PHHC:034372

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-53282-2023 Date of Decision: 11.03.2024 Purshotam Dass

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. Sanjay Verma and Mr. Pravesh Bishnoi, Advocates, for the petitioner.

Mr. Ramender Singh Chauhan, AAG, Haryana.

FIR No.

Dated Police Station Section/s 27.06.2022 Krishna Gate, Thanesar, District Kurukshetra 406, 420 IPC GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of anticipatory bail in respect of aforementioned FIR.

2.

The FIR in question was lodged at the instance of Rajesh Kumar, wherein it is alleged that the petitioner had misused a cheque bearing No.000030, which had been given by the complainant to the petitioner and that the petitioner handed over the said cheque to co-accused Gian Chand after filling an amount of Rs.6 lakhs on the said cheque and which upon presentation was dishonoured.

3.

Learned counsel for the petitioner submitted that as a matter of fact Gian Chand has already instituted a complaint under Section 138 of the VIMAL KUMAR 2024.03.12 10:37 I attest to the accuracy and integrity of this document

CRM-M-53282-2023 -2Negotiable Instruments Act against Rajesh Kumar. It has further been submitted that at best it is a case of dispute between Gian Chand and Rajesh Kumar and the petitioner has been dragged into the present case unnecessarily. It has been submitted that the petitioner otherwise enjoys a clean record and undertakes to fully cooperate with the investigation. 4.

Opposing the petition, learned State counsel submitted that since the petitioner himself admits that he had handed over the cheque in question, his complicity is clearly evident.

5.

Having regard to the facts of the case particularly the fact that the cheque in question is in favour of Gian Chand and the petitioner otherwise has a clean record, the petition is accepted and the petitioner, in the event of his arrest, is ordered to be released on 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.

11.03.2024 (GURVINDER SINGH GILL) Vimal JUDGE Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No VIMAL KUMAR 2024.03.12 10:37 I attest to the accuracy and integrity of this document