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1. Having apprehension to be arrested in case FIR no.653, dated 28.12.2022, registered under Sections 406, 420 and 120-B of the IPC, at Police Station City, District Kurukshetra, the petitioner has filed the instant petition under Section 438 Cr.P.C.seeking the relief of pre- arrest bail.

2. The instant FIR has been registered on a complaint made by one Parvinder Singh son of Jasbir Singh, against 12 persons alleging therein, that one Ammy (who arraigned as accused no.1 in the FIR), through whatsapp message contacted the complainant, telling that she is 1 of 7 Neutral Citation No:=2024:PHHC:112508 CRM-M-22778-2024(O&M) -2- in from Singapore, and is working with a company namely Honor Gold, and having its office in Mumbai, and she is on the post of Gold Analyst in the said company. She further informed the complainant that she gets people to invest in gold, and sells the gold when the rate increases, and all the record of the company is available online, and in case the complainant invests with them, he will get the huge profit. On the allurement of said Ammy, the complainant deposited about Rs.1 lakhs in the account of the company. After sometime accused Ammy informed the complainant that his invested amount of Rs.1 lakh has gone due to loss. She further consoled the complainant and advised him that in case he wanted to recover the loss, he can download another App, i.e. Meta Trade-3, and Binance, and further, allured that in case the complainant makes investment of Rs.15 lakhs through the said platform (App.), he will get a profit of Rs.5 lakhs, due to a castle made in the air by accused Ammy, the complainant transferred money in the various accounts as informed by her, and on dated 03.08.2021, the complainant transferred an amount of Rs.3.00 lakhs, from his account, to the account no.59200017666666, belonging to Mr.Amit Ram Thandani (present petitioner). The complainant transferred about Rs.14 lakhs on various occasions. Finally, when the complainant asked Ammy to return the amount of Rs.14 lakhs, then she advised him to contact on the other mobile number, and when he contacted the accused no.2-Sameer Mehar, he told him that he would be charged Rs.1,78,500/-, and then he will return his money. Despite making payment the above amount as asked by 2 of 7 Neutral Citation No:=2024:PHHC:112508 CRM-M-22778-2024(O&M) -3- accused no.2-Sameer Mehar, he did not do the needful, rather the accused again asked the complainant to give more money, for which the complainant refused. In this way the accused no.1-Ammy, alongwith other co-accused embezzled on account of Rs.15,78,000/-.

3. On the basis of the above complaint, the instant FIR was registered and the investigation was carried out.

4. Learned counsel for the petitioner in asking for the relief of pre-arrest bail, submits that petitioner is a part-time trader, and has no relation whatsoever, with the co-accused. The crypto-currency purchased by the complainant from the petitioner by using online application i.e. Binance platform/App. is still lying in his Binance account. However, the complainant instead of withdrawing his money from the said App./ Account, has got registered the present FIR.

8. The matter was heard at length on dated 24.05.2024, and during the course of arguments, learned counsel for the petitioner submits that the petitioner being a trader, only sold his crypto-currency to the complainant, and all the money belonging to the complainant is safe and secure at Binance platform/App., and the only procedure required to be adopted by the complainant for retrieving his money is to login into his account, whereupon, he can transfer his money therefrom, into his KYC account, but after making payment of GST and TDS, as required by the governing law. He over and above submitted that the petitioner can help the complainant in case he has forgotten his login ID and password, to retrieve the same, and subsequently, for transferring the money in the KYC account of the complainant. The relevant extract of the order reads as under:-

12. From the status report (supra), it clearly reflects that the petitioner, firstly, allured the complainant to invest more than Rs.15 lakhs throught the Binance platform/App. which is totally unknown to him, and even before this Court the petitioner made a false assurance that he can retrieve the money of the complainant from the so called Binance platform/App., but upon joining investigation he did not co-operate with the investigating agency. It further reflects from the perusal of the status report that the petitioner was served with two notices under Section 41-A Cr.P.C., but he did not respond to the same by joining investigation again.