HARBANS SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner along with co-accused was booked in FIR No. 518 of 1999 under Sections 420, 489, A, B, C, D, Indian Penal Code registered at Police Station City Panipat.

(2.) Counsel for the petitioner contended that an amount of Rs. 9,33,000.00 was taken into possession from the petitioner and his co-accused along with other articles on 2.11.1999, but the recovery of Rs. 4,15,100.00 only was shown. The case of the prosecution is that alleged currency notes were fake and they were cheating people by stating that they will make their money double. The said currency notes were sent to the Reserve Bank of India and it was certified by the Reserve Bank of India that the currency notes were not fake but were genuine as is clear from the report, Annexure P-2. Subsequently, the charge under Sec. 409 A, B, C, D, of the Act was dropped. Thereafter, the petitioner approached the Chief Judicial Magistrate for the return of the amount but the same has been refused vide order dated 10.4.2001 being the case property.

(3.) The case of the petitioner is that he and Jasbir Singh had gone to Panipat to strike a deal for the purchase of land and the deal was struck for the purchase land for Rs. 9 lacs through Bhagwan Dass for the purchase of two acres of land on the main road in district Panipat. An agreement was reduced into writing on 19.11.1999 and the petitioner paid Rs. 20,000.00 as token money to Kuldip and the sale deed was to be executed on 22.11.1999. However, the petitioner was having shortage of money to the tune of Rs. 1,59,000.00 and the petitioner went to his village Dhariwal to arrange the remaining amount leaving his friend Jasbir Singh to stay back in hotel Mid Town. Panipat. On 20.11.1999 the petitioner left for village Dadwan (Dhariwal) and he arranged Rs. 2 lacs and made a program to return to Panipat on 21.11.1999 but unfortunately, the Police arrested Jasbir Singh at Panipat from the hotel and the seized the amount forcibly. The petitioner was arrested at Dhaliwal and amount of Rs. 2 laces was taken into possession from him. It is not the case of the prosecution that the petitioner had induced or cheated any third party to part with Rs. 4,15,000.00. Admittedly, the said amount has been taken into possession from the custody of Jasbir. In such circumstances, the amount of Rs. 4,15,000.00 after noting down their Nos. be returned to the petitioner and co-accused Jasbir on furnishing two sureties in the sum of Rs. 5 lacs each to the satisfaction of C.J.M. Panipat.