Full Judgment
Cr.Misc.
M 2959.o”
1. IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr.Misc.
M 2959.of 2012 Date of decision:18.12.2012 Harwinder Singh .petitioner vs State of Punjab ..respondent Present Mr.DPS Kahlon, Advocate.
Mr.Ankur Jain,AAG, Punjab Mr.Vikas Gupta, Advocate.
M.M.S.BEDI,J.
The petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Kuldip Singh alleging that a sum of Rs.4.00 lacs has been received by the petitioner to send his son abroad.
A sum of Rs.2.95 lacs has been returned.
The petitioner has admitted his liability to the extent of Rs.1.05 lacs at the preliminary stage of hearing of this petition.
A sum of Rs.1.00 lac has been returned to the complainant.
Mr.Vikas Gupta, Advocate for complainant has intervened to oppose the petition for pre-arrest bail contending that the petitioner has got 10 blank signed cheques, issued by the complainant, in his possession and these are likely to be misused.
No opinion can be formed regarding the cheques, alleged to be in possession of the petitioner, as claimed by the complainant but from the allegations of the complainant, it is apparent that there is some money dispute between the parties, who are closely related.
In view of the above, the petition is allowed and interim order dated 24.9.2012 is hereby confirmed subject to all the conditions u/s 438(2) Cr.Misc.
M 2959.o”
2. Cr.P.C.It will be open to the complainant to seek refund of money, on the basis of acknowledgment of debt, made by the petitioner before this court or any other forum.
Counsel for the complainant has insisted that a condition be imposed on the petitioner to return the cheques.
No ground is made out to issue any such direction as it does not fall within the ambit, which can be given u/s 437 Cr.P.C.December ,2012 ( M.M.S.BEDI ) TSM JUDGE