VINOD KUMAR Vs. STATE OF HARYANA

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.l dated 1.1.2020, under Sections 406 and 420 149 IPC, registered at Police Station Mansa Devi Complex, District Panchkula.

(2.) Learned counsel for the petitioner has submitted that the petitioner has been wrongly roped in, in the present FIR and the FIR is vague. There is no mention as to whether for what type of job and at what point of time, the petitioner has taken money of Rs.8 lac from the complainant. He has further submitted that rather vide Annexure P3, a civil suit has been filed by the petitioner against the complainant and his brother praying for mandatory injunction directing them to hand over the blank signed papers of the plaintiff and further directing the plaintiff not to misused the same. Learned counsel has further referred to Annexure P4, vide which a complaint was also filed to the police in this regard. He has further submitted that even approximately the amount of Rs.8 lac was given by the complainant to the petitioner but the case of the complainant is that the petitioner has returned only Rs.50,000/- which is improbable because the amount of Rs.50,000/- was deposited by way of installments of Rs.15,000/-, Rs.16,500/-, Rs.5,000/- and some more amount on different occasions.

(3.) Notice of motion was issued in this case on 22.1.2020 and at the time of issuance of notice, learned counsel for the petitioner was asked as to whether the amount of Rs.50,000/- was transferred in the Google pay account of the petitioner or not and he had not only stated but reiterated that no amount of Rs.50,000/- was transferred in the Google pay account of the petitioner. Order dated 22.1.2020, is reproduced as under:-