SUKHJIT SINGH PARMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The contour of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petition for the grant of anticipatory bail filed by main accused Sukhjit Singh Parmar son of Mehnga Singh and emanating from the record is that, on 04.09.2006, complainant-Joginder Singh son of Amar Singh (for brevity "the complainant") had sold his land for a total sum of Rs. 17,70,000/- (Rs. 10,00,000 + Rs. 7,70,000/-). Petitioner-Sukhjit Singh Parmar, who was earlier known to him, came and asked the complainant, to invest the amount in their newly carved out colony at Shahkot and to earn profit. On the persuasion of petitioner and his other co-accused Parshan Singh and Baljit Singh, the complainant gave a sum of Rs. 10 lacs to the petitioner for investment in the pointed business of colony in the presence of his friends Saudagar Singh and Sunil Kumar. Consequently, they have invested the amount of the complainant, developed a colony and sold the plots.

(2.) According to the complainant that in the month of December, 2007, when he asked the petitioner about the fate of his investment, then he told that they have earned a profit of Rs. 18 lacs and they will return him a sum of Rs. 28 lacs. Instead of paying Rs. 28 lacs, the petitioner has only returned Rs. 2 lac to the complainant. In this manner, the petitioner and his other co-accused have cheated and misappropriated the indicated amount of the complainant. In the background of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against the petitioner and his other coaccused, vide FIR No.144 dated 01.10.2012(Annexure P-1), on accusation of having committed an offence punishable under Section 420 IPC, by the police of Police Station City Phagwara, District Kapurthala, in the manner depicted here-in-above.

(3.) Having exercised his right and remained unsuccessful before the court of Sessions Judge, now the petitioner has preferred the present petition for the grant of anticipatory bail in the indicated case, invoking the provisions of Section 438 Cr.P.C.