HAWA SINGH TANWAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Instant petition has been filed under Section 438 Cr.P.C. seeking concession of anticipatory bail to the petitioner in case FIR No.181, dated 13.04.2017, under Sections 419/420/465/467/468/471/120-B IPC, registered at Police Station Civil Lines, Police Commissionerate, Amritsar. Briefly, it may be noticed that FIR was registered on the statement of Deepak Vig. Complainant asserted that he and his wife were introduced to the petitioner/Hawa Singh Tanwar through Ramesh Kumar Shukla @ Safar. Hawa Singh Tanwar proclaimed himself to be the Secretary of a Human Rights Organization working under the name and style of 'Akhil Bhartiya Human Rights Organization' (ABHRO) as also Chief Editor of a Publication Firm 'Sun Star'.

(2.) Precise allegations are that the petitioner induced the complainant as also his wife to lend money to the Publication Firm 'Sun Star' on the promise of attractive returns. A total sum of Rs.88 lakhs is stated to have been made over by the complainant party to the petitioner and such amount is alleged to have been misappropriated.

(3.) Learned senior counsel representing the petitioner would submit that the allegations are not well founded as an agreement dated 07.11.2016 had been entered into between the parties and in pursuance to which 8800 shares of the firm had been transferred in the name of the complainant/ Deepak Vig. Further urged that the petitioner ought not to face prosecution in pursuance to the FIR in question as certain cheques issued and having being dis-honoured upon presentation, the petitioner is already facing proceedings under Section 138 of the Negotiable Instruments Act. Yet another submission raised is that the Investigating Agency having received a report from FSL, Mohali as regards the signatures of the complainant on the agreement and objections having been filed by the petitioner, the matter now stands referred to CFSL, Chandigarh and the expert opinion is still awaited.