RAJINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner Rajinder Kumar @ Sonu, aged about 36 years, resident of Mohalla Rajputta, Rahon, SBS Nagar, an accused in FIR No.67 dated 2.6.2021, under Sections 406, 420, 120-B IPC, registered with Police Station Rahon, District SBS Nagar.

(3.) In nutshell, the prosecution version is that criminal machinery in this case was set into motion by complainant Satnam Singh son of Balwinder, resident of village Chahar Majra, SBS Nagar, who in the written complaint submitted by him to SSP, SBS Nagar contended that Rajinder Kumar @ Sonu, present petitioner has assured to send him to Canada on work permit on payment of Rs.10 lakhs by complainant to him; the complainant paid a sum of Rs.22,000/- to Rajinder Kumar @ Sonu on 18.9.2018 giving him photocopy of of his passport; subsequently the complainant transferred a sum of Rs.2 lakhs from the account of his mother Resham Kaur with Punjab National Bank, Usmanpur to the account of Rajinder Kumar @ Sonu with Capital Bank, Rahon; on 13.2.2019, he transferred a sum of Rs.70,000/- and on 14.2.2019 transferred a sum of Rs.1,10,000/- in the bank account of accused Rajinder Kumar @ Sonu; he paid Rs.17,000/- in cash; the total amount paid was 4,89,000/-. However, Rajinder Kumar @ Sonu neither ensured migration of complainant to Canada nor returned the money received by him from the complainant. Ultimately, he expressed his inability to ensure migration of complainant to Canada giving repeated assurances of returning the money. However, he did not do so, though he had given a cheque dated 5.11.2019 in the sum of Rs.4,89,000/- drawn on Capital Bank Rahon promising to return the amount. However, it transpired that sufficient amount was not there in the account of accused Rajinder Kumar @ Sonu for encashment of the cheque. Despite repeated undertakings money was not returned to complainant by Rajinder Kumar @ Sonu. Ultimately the complainant approached the police. The matter was inquired into and then formal FIR was registered.