MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) F.I.R. No. 116 dated 27.5.2000 has been registered at Police Station Sadar, Ferozepur under Sections 420/120-B I.P.C. on the statement of Avtar Singh wherein the following material allegations are found:-

(2.) Petitioner - Mukhtiar Singh is running a brick kiln and the family of the complainant had good relations with him. For carying bricks, petitioner - Mukhtiar Singh had a truck No. PB-05A-9566, the R.C. of which was in the name of Joginder Singh. Petitioner-Mukhtiar Singh entered into an agreement with the complainant to sell this truck for Rs. 3 lakhs and on .24.11.1997, the petitioner took Rs. 2.50 lakhs from the complainant and got a written agreement from Joginder Singh in the name of the complainant apart from handing over possession of the truck. But this truck kept on working in the brick kiln because of good relations with petitioner. But, the R.C. of the truck was not transferred in the complainants name, but, the same was transferred fraudulently in the name of Salim Chand, brother-in-law of petitioner, on questioned by the complainant, the petitioner assured to return Rs. 2.50 lakhs. The petitioner also stated that the truck would be transferred in the name of the complainant from the name of Salim Chand and demanded Rs. 2 lakhs more from the complainant. The complainant gave Rs. 2 lakhs more on 16.9.1999 to the petitioner in the presence of Desa Singh, Gurbachan Singh and Jasbir Singh. The petitioner gave an agreement after signing the same and also handed over the truck as well as the R.C. of the truck. But, the petitioner is putting off under one pretext or the other to get the R.C. transferred in the name of the complainant. He is also not returning the money received from the complainant. The intention of the petitioner from the beginning was to defraud the complainant.

(3.) The petitioners application for bail in anticipation of arrest was dismissed by the learned Sessions Judge, Ferozepur. Therefore, the petitioner has approached this Court with this petition under Sec. 438 Cr. P.C. for the same relief.