J S RIAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) J.S. Riar, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 68 dated 28.02.2012 at Police Station Zirakpur, District SAS Nagar, Mohali, for an offence punishable under section 420 IPC.

(2.) While issuing notice of motion, the following submissions of learned counsel for the petitioner have been noticed:-

(3.) Learned counsel for the petitioner has submitted that the FIR lacks in the facts. He has further submitted that some property was purchased by the petitioner and had been sold to Tajinder Pal Singh and others. According to him, Tajinder Pal Singh and others failed to get mutation regarding the said land sanctioned in their favour and it was decided between the parties that the property would be re-conveyed to the petitioner against payment of Rs.30 lacs. He has further submitted that eight post dated cheques were issued by the petitioner in favour of the complainant for a total sum of Rs.30 lacs and the dates put on those cheques were separated by two or three weeks. According to him, the last cheque bore 29.09.2003 as the date. He has further submitted that the price of the land re-conveyed to the petitioner was subsequently paid and for that reason, the cheques were not put for collection. According to him, the allegation that the cheques were dishonoured is absolutely incorrect. He has given two fold reasons to support his submission. According to him, neither there is any evidence produced by him before the police of dishonour of the cheques nor he produced against the petitioner under the provisions of section 138 of the Negotiable Instruments Act, (for short 'the Act') for dishonour of the cheques. According to him, had the cheques been dishonoured, it could not be believed that the complainant did not proceed against the petitioner for a period of eight or nine years. He has further submitted that since the entire sale price was paid, there was no question of cheating the complainant.