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Punjab-Haryana High Court

Pargat Singh vs State Of Punjab on 15 July, 2010

Author: Jaswant Singh

Bench: Jaswant Singh

Crl. Misc.No.M-14631 of 2010                               # 1#

   IN THE HIGH COURT FOR THE STATES OF PUNJAB &
             HARYANA AT CHANDIGARH.



                                          Crl. Misc.No.M-14631 of 2010

                                           Date of Decision:-15.07.2010



Pargat Singh.

                                                         ......Petitioner.

                                 Versus

State of Punjab.

                                                       ......Respondent.


CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH.


Present:-    Mr. H.S. Batth, Advocate
             for the Petitioner.

             Mr. Gaurav Garg Dhuriwala, AAG Punjab.


JASWANT SINGH, J (ORAL)

Prayer is under Section 438 Cr.PC for grant of anticipatory bail to the petitioner in case FIR No.55 dated 6.4.2010 under Sections 420, 468, 471 and 120-B Indian Penal Code registered with Police Station 'A' Division, Amritsar City.

The fact are that petitioner Pargat Singh had purchased a truck and got it financed from Tata Motors Finance Limited(for short finance company). It is claimed that the petitioner Pargat Singh sold the truck to complainant-Baljit Singh on 28.2.2009 through a General Crl. Misc.No.M-14631 of 2010 # 2# Baljit Singh on 28.2.2009 thorugh a General Power of Attorney as the truck was hypothecated to the finance company. The complainant subsequently lodged the complaint dated 1.3.2010 which resulted into the aforementioned FIR where the allegations are that the truck had been forcibly taken away from the custody of Baljit Singh on 9.9.2009. The explanation given by the petitioner Pargat Singh is that contrary to the agreement between him and Baljit Singh-complainant had defaulted in making the payment of installments due to the finance company, resulting into revocation of the GPA by the petitioner. The finance company had officially vide letter dated 24.11.2009(Annexure P-4) intimated the petitioner, the instances of default by the complainant Baljit .

Learned State counsel on instructions from SI Harbhajan Singh states that in pursuance to the orders passed by this court petitioner has joined the investigation as such nothing more is to be recovered from him.

In view of the fact that nothing is to be recovered and the case of the prosecution is based on documents, the order dated 20th May 2010 passed by this court is made absolute.

Petition stands disposed of.

( JASWANT SINGH ) JUDGE 15th July,2010 Vinay