PRERNA @ BANI SOHAL Vs. STATE

JUDGEMENT

(1.) THIS is an application for grant of anticipatory bail to the petitioners in respect of FIR No. 03/2012, under Section 420/468/471/120B/34 IPC, registered by P.S. Greater Kailash -I, New Delhi. The petitioner no.1 is the sole proprietor of an event management concern by the name of M/s Purple Tree Entertainment.

(2.) THE allegations against the petitioner no.1 are that she has cheated the respondent/complainant by allegedly arranging the pre -wedding dance performance to be held on 20.11.2011 at Celebrations Garden near Shiv Murti, New Delhi by an artist, named, Miss Urmila Matondkar, who was allegedly not at all approached by the petitioners. It has been stated that ultimately the said performance was done by another artist by the name of Hard Kaur for which the petitioners paid a sum of Rs. 9,00,000/ -. So far as the pre wedding dance performance by the artist Ms. Urmila Matondkar was concerned, the fee was settled between the parties at Rs. 13,50,000/ - out of which a payment of Rs. 6,50,000/ - was made. It is alleged that this performance was confirmed by the petitioners by sending a letter of confirmation. Apart from the aforesaid remuneration the complainant was required to provide boarding, lodging in a Five Star Hotel and transport for the entire troupe in Mercedes and Innova car. Since the said performance could not materialize, the allegations against the petitioner no.1 are that she is purported to have issued two cheques bearing no. 686894 for a sum of Rs.2,00,000/ - and the other cheque bearing no. 686895 Rs.4,67,000/ - totaling around Rs.6,67,000/ - which were dishonoured on account of stoppage of payment.

(3.) THE learned senior counsel for the petitioners has also relied upon the case titled Ashok Kumar Gupta Vs. State 2007(141) DLT 94 wherein this Court had observed that the law permits interrogation without subjecting the accused to third degree measures and certainly custodial interrogation has not been approved by the High Court in the said case.