Judgment:
Criminal Misc.No.M-13521 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.M-13521 of 2014 DATE OF DECISION : May 20, 2014 Rakesh Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR.JUSTICE M.M.S.BEDI Present Mr.Vijay K.
Jindal, Advocate for the petitioner.
Mr.Ankur Jain, AAG, Punjab.
Mr.Kanwarjit Singh, Advocate for the complainant.
*** M.M.S.BEDI, J.
(ORAL) Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Baljit Singh alleging that he had been duped of `6 lacs by the petitioner with a false promise that his brother Amarjit Singh will be sent abroad.
Learned counsel for the petitioner submits that there is money dispute between the parties and complaint under Section 138 of Negotiable Instruments Act has been filed by the complainant against the petitioner at Jalandhar.
Learned counsel for the petitioner has relied upon Annexure P-2 rent agreement and Annexure P-3 a complaint under Section 138 of the Negotiable Instruments Act filed against the petitioner.
Learned counsel for the complainant has intervened to oppose the Singh Parvinder 2014.05.23 15:06 I attest to the accuracy and integrity of this document Criminal Misc.No.M-13521 of 2014 2 application for pre-arrest bail contending that the subject matter of the proceedings under Section 138 of the Negotiable Instruments Act is different from the transaction which is the subject matter of the F.I.R.An appreciation of the circumstances brought to the notice of this court indicate that there is a financial as well as tenancy dispute between the parties which could have been the reason for F.I.R.having been registered against the petitioner.
The petition is allowed without prejudice to the other rights of the parties.
It is ordered that in case of arrest of petitioner he shall be released on bail to the satisfaction of the arresting officer subject to the conditions that he will join the investigation as and when required and will not tamper with the evidence or hamper the investigation in may manner.
(M.M.S.BEDI) JUDGE May 20, 2014 p.singh Singh Parvinder 2014.05.23 15:06 I attest to the accuracy and integrity of this document