VEENA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioners under Sec. 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 97 dtd. 10/5/2021 registered under Ss. 420, 467, 468, 471 and 120-B of the Indian Penal Code at Police Station Dirba, District Sangrur.

(2.) It is submitted by counsel for the petitioners that case against the petitioners is totally concocted and created under the pressure of the complainant, who is very influential person. Even otherwise, as per the case of the prosecution, the loan amount was obtained by family of the petitioners in their own names by mortgaging their own properties.

(3.) Although, the complainant had agreed to become a guarantor for the loan in the first instance, however, later on, he withdrew his guarantee way back in the year 2018. Therefore, as of now, loan amount is the sole liability of the petitioners against shares of the petitioners, as well as, of their family members only in the agricultural land which has been mortgaged. The complainant has no concern whatsoever with the loan. No part of the property of the complainant has been mortgaged by the petitioners or their family members. It is also submitted that the entire dispute is emerging from a business dispute between husband of petitioner No. 1 and the complainant, which has been sought to be converted into a criminal aspect. Counsel has further submitted that since the dispute relates to the documentary evidence only, the custodial interrogation of the petitioners is not required. Counsel has further submitted that the petitioners shall join investigation.