NITISH DHIMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No. 152 dtd. 12/5/2020 registered under Ss. 406, 420, 120-B IPC (Sec. 370 IPC and Ss. 10, 24 of the Immigration Act added later) at Police Station Sadar Yamuna Nagar, District Yamuna Nagar.

(2.) Counsel for the petitioner has submitted that the FIR was registered on a complaint given by one Savita Devi that her brother Raj at Saini -was interested in studying abroad. One Ramesh Kumar resident of her village was known to them and thereafter, the complainant and her brother Rajat Saini came in contact with the petitioner - Nitish Kumar Dhiman and Gaurav Kumar through the aforesaid Ramesh Kumar. They told the complainant to arrange Rs.14.00 lacs for sending Rajat Saini abroad on work permit. On such representation, the complainant and her brother arranged Rs.14.00 lacs and paid the same to the petitioner - Nitish Kumar Dhiman. The petitioner has also sworn an affidavit as a security of the said amount, however later on, neither Raj at Saini was sent abroad nor the amount of Rs.14.00 lacs was given back to the victim. It is also stated that though the petitioner has given a cheque of Rs.14.00 lacs but the same was dishonoured and thereafter, a complaint was filed under the Negotiable Instruments Act. Since the petitioner and Gaurav Kumar have committed a fraud and cheating, one FIR No. 89 dtd. 25/4/2017 was also registered in Police Station Chhappar.

(3.) Counsel for the petitioner has argued that as per the allegations in the FIR, the petitioner has given 02 security cheques to the complainant and since the same was dishonoured, the petitioner has already availed the remedy available under the Negotiable Instruments Act and therefore, this FIR is not maintainable. It is also submitted that the police during the investigation has observed that the complainant could not show any proof of handing over the amount of Rs.14.00 lacs. Counsel for the petitioner has further submitted that during the investigation, conducted by the police, before registration of the FIR, the petitioner has taken a plea that he came to know about the cheque only after receiving the summons from the Court and the same has been misused. It is also submitted that one of the co-accused Gaurav Kumar has already been granted the concession of anticipatory bail on 27/5/2021.