MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of the aforementioned petitions filed on behalf of Mangal Singh and Dilbagh Singh seeking anticipatory bail in respect of FIR registered against them vide FIR No.25 dtd. 6/2/2019 at Police Station Tarsikka, Amritsar Rural under Ss. 420, 465, 467, 468, 471 and 120-B of Indian Penal Code.

(2.) The FIR was lodged at the instance of Narinder Singh, wherein it has been alleged that one Mangal Singh entered into an agreement for sale of his property to the complainant but instead of selling the same to the complainant, he had now directly sold the same to Dilbag Singh on 23/8/2018. It is further alleged that Mangal Singh had earlier taken an amount of Rs.10.00 lacs as loan from him, out of which he later returned an amount of Rs.9,38,500.00 and an amount of Rs.55,500.00 by issuing two cheques and that the cheque for an amount of Rs.9,38,500.00 has already been encashed. It is further alleged that now Dilbag Singh is pressurizing him to return the earnest money and upon refusal of the complainant, said Dilbagh Singh, Mangal Singh and his son Harpreet Singh have been issuing threats to eliminate the complainant. It is alleged that now the aforesaid three in connivance with each other had prepared a forged agreement for sale of land on the strength of the cheques issued to the complainant pertaining to return of the loan amount and had also got their presence marked in the office of Sub Registrar on 26/11/2018.

(3.) The learned counsel for the petitioners has submitted that a false FIR has been lodged against the petitioners. It has further been submitted that the transfer of an amount of Rs.9,38,500.00 from the bank account of co-accused Harpreet Singh S/o Mangal Singh to the bank account of Narinder Singh complainant is duly established from the account statement in respect of the bank account of the Harpreet Singh S/o Mangal Singh and that since there is nothing convincing on record, at this stage, to show as to on what count the aforesaid amount of Rs.9,38,500.00had been transferred by Harpreet Singh to the bank account of Narinder Singh, the allegations of preparing a false agreement cannot be accepted.