UJWAL HANDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 438 of the Code of Criminal Procedure (for short 'the Cr.P.C.)' praying for grant of anticipatory bail in FIR No.33 dated 3.3.2019, under Section 420 IPC and under Section 13 of the Punjab Prevention of Human Smuggling Act, 2012, registered at Police Station City, Batala, Police District Batala, District Gurdaspur.

(2.) As per the basic allegations in the FIR, the petitioners accused have taken a sum of Rs.8 lacs from the complainant namely Rahal Suri on behalf of Pawan Handa for the purpose of sending him abroad and that he has not returned the money as yet. Complainant has also relied upon some agreement and some receipts to support his case that the petitioner has actually taken Rs.8 lacs for the said purpose.

(3.) Learned counsel for the petitioner has submitted that in fact both, the petitioners and the complainant are residents of the same area and number of transactions have been going on between them for last number of years and that petitioners are neither engaged in any activity of sending anybody abroad nor has taken money for the said purpose. He further submits that this can be substantiated from the fact that there are other two cases of dishonour of cheque under Section 138 of the Negotiable Instruments Act, pending against the petitioners regarding the cheques issued to the petitioner by the complainant out of which one is pending trial at Batala and another at Amritsar.