VISHWAJIT ARORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 438 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.378 dated 20.8.2009 under Section 420 IPC, at Police Station Sector 5, Panchkula, district Panchkula.

(2.) It was contended before this Court that the petitioner is the sole owner of the land agreed to be sold to the complainant and has referred the jamabandi Annexure P-9. It was further contended that the petitioner had preferred complaint under Section 138 of the Negotiable Instruments Act in respect of dishonouring of cheque of Rs.12 lacs in respect of the earnest money and after filing that petition the present FIR has been lodged as a counter blast. Noticing this ontention this court on 11.9.2009 had granted the interim protection to the petitioner subject to the condition that he joins the investigation and complies with the provisions of Section 438(2) Cr.P.C.

(3.) It is now contended before this Court and not disputed by the learned counsel appearing for the State of Haryana on instructions from SI Pritam Singh that the petitioner has since joined the investigation.