HARPREET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 438 Cr.P.C. seeking anticipatory bail in case FIR No.104 dtd. 9/3/2023 under Ss. 406, 420 IPC, registered at Police Station Division No.7, District Ludhiana.

(2.) Present FIR has been registered on the basis of the complaint made by complainants Vijay Kumar Sachdeva and others alleging therein that the complainants started committee /chit fund with the petitioner and her son Sukhmani and at that time, the petitioner took blank cheques from each of the complainant as security. The petitioner collected amounts of the committee from the complainants regularly but when the payment of committee was to be made by the petitioner to the complainants, then she started harassing them as she had falsely assured them that she will make the payment to them within a short span of time. When the complainants jointly demanded their money from the petitioner, then she moved false complaint at P.S. Division No.7, Ludhiana in order to implicate the complainants in some false case. After that, complaint was made by the complainants against the petitioner with the Economic Offences Wing through the Commissioner of Police and as a result thereof, petitioner had appeared before the EO Wing and stated that she will bring the register maintained by her with regard to the collection of committee amounts and when she was asked about security cheques received from the complainants, she completely stepped back and stated that she is not having any cheques of anybody. Subsequently, the petitioner was called many times at EO Wing, but she did not turn up, rather in order to involve the complainants in litigation, she presented the cheque amounting to Rs.2,75,000.00 belonging to complainant Vijay Kumar Sachdeva and cheque amounting to Rs.4,10,000.00 belonging to complainant Preeti Sharma on 12/10/2022.

(3.) Learned counsel for the petitioner contended that petitioner is innocent and has been falsely implicated in the present case. He further submitted that nothing is to be paid by the petitioner to the complainants inasmuch as there is no detail of the amount paid by the complainants to the petitioner as committees. He further submitted that if the allegations made in the FIR are accepted on its face value, even then no criminal offence is made out against the petitioner and a civil dispute has been given criminal colour. He further submitted that petitioner is not involved in any other case and she is ready and willing to join the investigation.