Man Mohan Singh Gulati And Others vs State Of Haryana on 9 November, 2011

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Punjab-Haryana High Court

Man Mohan Singh Gulati And Others vs State Of Haryana on 9 November, 2011

Bench: M.M.S.Bedi

Crl. Misc. No.M-28439 of 2011


        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH


                       Crl. Misc. No.M-28439 of 2011.
                       Date of decision: November 09, 2011.


Man Mohan Singh Gulati and others
                                                            .. Petitioners

                 VERSUS

State of Haryana
                                                           .. Respondent



CORAM:           HON'BLE MR.JUSTICE M.M.S.BEDI

                           ***
PRESENT          Mr.Puneet Bali, Advocate, for the petitioners.

                 Ms.Shalini Attri, DAG., Haryana.

                 Mr.R.K.Goyal, Advocate,
                 for the complainant.

M.M.S.BEDI, J (ORAL).

Petitioners apprehend arrest in a case registered at the instance of Atul Jain, alleging that the petitioners have snatched bounced cheques from the complainant at gun point. The FIR was registered on the basis of directions of the Court.

Counsel for the petitioners has submitted that the petitioners have got financial business dealings with the complainant. The material supplied by the complainant party is exported by the petitioners and the complainant is paid in advance b post dated cheques subject to the approval of the goods by the parties who received the exported goods. The money of accepted . . .1 Crl. Misc. No.M-28439 of 2011 articles is paid and original cheques are destroyed. In view of the said practice the petitioners and the complainant have got dealings with each other for the last so many years.

Counsel for the complainant has intervened and filed an affidavit of complainant reiterating the allegations in the FIR.

I have considered the contention of the counsel for the petitioners as well as counsel for the complainant and the State counsel and I am of the opinion that the dispute is regarding the payment of money due allegedly on account of business transactions. Criminal liability of the petitioners for the action of the petitioners appear to have been already looked into by the Investigating Agency in a complainant which was earlier filed on the same grounds on the basis of the enquiry conducted in a complaint on the similar allegations. The petitioners have joined investigation.

In view of above circumstances, the petition can be allowed as minute details of money of the accounts and credit balance will not be feasible to determine whether any amount is payable to the complainant.

Without prejudice to the rights of the complainant to effect recovery of any amount due, this petition can be allowed.

The petition is allowed. It is ordered that in case of arrest of the petitioners, they will be released on bail to the satisfaction of the arresting officer subject to the following conditions:

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(i) That the petitioners will join the investigation . . .2 Crl. Misc. No.M-28439 of 2011 as and when required by the police;

(ii) That the petitioners will hand over any document relevant for the fair investigation to the investigating officer; and

(iii) That the petitioners will not tamper with the evidence or hamper the investigation in any manner.

Anything observed in this order will not prejudice the rights of the petitioners or the complainant in any civil proceedings.

(M.M.S.BEDI) JUDGE November 09, 2011.

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