NEELAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in case FIR No. 59 of 2021 dtd. 16/11/2021 registered at Police Station, Shillai, District Sirmour, H.P. under Sec. 120B, 420, 465, 467, 568 and 471 of the Indian Penal Code.

(2.) Petitioner has approached this Court for grant of pre-arrest bail under Sec. 438 Cr.P.C. on the grounds that a false case has been foisted against her and other co accused by the complainant with ulterior motives. As per petitioner, complainant is brother-in-law (sister's husband) of husband of petitioner, who had borrowed money from the complainant. Final settlement was entered into on 20/7/2020 between petitioner and her husband on one side and complainant on the other. The settlement was finalized in presence of Atma Ram, a brother of the husband of petitioner. The complainant had acknowledged the receipt of entire balance amount due from the petitioner and her husband in presence of witnesses Hari Ram and Balbir Singh. Receipt was executed which was scribed by Atma Ram and was duly signed by the complainant in presence of aforesaid witnesses. Complainant was in possession of certain blank cheques signed by petitioner and her husband, which he had promised not to use after final settlement. The complainant, however, used these cheques and filed complaints against the petitioner and her husband under Sec. 138 of the Negotiable Instruments Act. Complainant also filed complaints with police by denying his signatures on receipt dtd. 20/7/2020. Police on inquiry found the dispute between the parties having civil overture. Complainant finally filed an application before the Judicial Magistrate 1st Class, Shillai, seeking direction under Sec. 156(3) Cr.P.C for registration of case. The case was accordingly registered. It is submitted on behalf of the petitioner that investigation has already been completed. Nothing is required to be recovered from the petitioner. She is permanent resident of Village Sidhoti, PO Panog, Tehsil Shillai, District Sirmour, H.P. She has already joined the investigation as and when required. In case she is granted pre-arrest bail, she shall not interfere in investigation in any manner and shall not tamper with the prosecution evidence. Petitioner has undertaken to abide by all the conditions as may be imposed.

(3.) In response, the status report has been filed. It is revealed that dispute has been raised by the complainant with respect to genuineness of the receipt dtd. 20/7/2020 claimed by the petitioner and her husband to have been executed by the complainant. It is stated that all the accused including bail petitioner have associated themselves in investigation as and when required. During investigation, the police is also stated to have come across the facts as narrated in the bail petition. The police has already received the opinion of GEQD in respect of receipt dtd. 20/7/2020. It is alleged that some over writing is there, which is being further investigated.