Renewal Is Not Extension Unless Terms Are Fixed in Same Deed: Bombay High Court Strikes Down ₹64.75 Lakh Stamp Duty Demand on Nine-Year Lease Fraud Vitiates All Solemn Acts—Appointment Void Ab Initio Even After 27 Years: Allahabad High Court Litigants Cannot Be Penalised For Attending Criminal Proceedings Listed On Same Day: Delhi High Court Restores Civil Suit Dismissed For Default Limited Permissive Use Confers No Right to Expand Trademark Beyond Agreed Territories: Bombay High Court Enforces Consent Decree in ‘New Indian Express’ Trademark Dispute Assam Rifles Not Entitled to Parity with Indian Army Merely Due to Similar Duties: Delhi High Court Dismisses Equal Pay Petition Conspiracy Cannot Be Presumed from Illicit Relationship: Bombay High Court Acquits Wife, Affirms Conviction of Paramour in Murder Case Bail in NDPS Commercial Quantity Cases Cannot Be Granted Without Satisfying Twin Conditions of Section 37: Delhi High Court Cancels Bail Orders Terming Them ‘Perversely Illegal’ Article 21 Rights Not Absolute In Cases Threatening National Security: Supreme Court Sets Aside Bail Granted In Jnaneshwari Express Derailment Case A Computer Programme That Solves a Technical Problem Is Not Barred Under Section 3(k): Madras High Court Allows Patent for Software-Based Data Lineage System Premature Auction Without 30-Day Redemption Violates Section 176 and Bank’s Own Terms: Orissa High Court Quashes Canara Bank’s Gold Loan Sale Courts Can’t Stall Climate-Resilient Public Projects: Madras High Court Lifts Status Quo on Eco Park, Pond Works at Race Club Land No Cross-Examination, No Conviction: Gujarat High Court Quashes Customs Penalty for Violating Principles of Natural Justice ITAT Was Wrong in Disregarding Statements Under Oath, But Additions Unsustainable Without Corroborative Evidence: Madras High Court Deduction Theory Under Old Land Acquisition Law Has No Place Under 2013 Act: Punjab & Haryana High Court Enhances Compensation for Metro Land Acquisition UIT Cannot Turn Around After Issuing Pattas, It's Estopped Now: Rajasthan High Court Private Doctor’s Widow Eligible for COVID Insurance if Duty Proven: Supreme Court Rebukes Narrow Interpretation of COVID-Era Orders Smaller Benches Cannot Override Constitution Bench Authority Under The Guise Of Clarification: Supreme Court Criticises Judicial Indiscipline Public Premises Act, 1971 | PP Act Overrides State Rent Control Laws for All Tenancies; Suhas Pophale Overruled: Supreme Court Court Has No Power To Reduce Sentence Below Statutory Minimum Under NDPS Act: Supreme Court Denies Relief To Young Mother Convicted With 23.5 kg Ganja Non-Compliance With Section 52-A Is Not Per Se Fatal: Supreme Court Clarifies Law On Sampling Procedure Under NDPS Act MBA Degree Doesn’t Feed the Stomach: Delhi High Court Says Wife’s Qualification No Ground to Deny Maintenance

Duping Man Of ₹35 Lakhs on Sending Abroad Granted Bail: PB&HR HC

07 May 2024 8:19 AM

By: Admin


In a case where the petitioner and his mother were accused of defrauding the complainant out of Rs.35,00,000/- under the pretence of sending the complainant's son to Canada, the Punjab and Haryana High Court granted the petitioner bail on the grounds that his co-accused (mother) has already been released on bail and he has been incarcerated for nearly two months.

Taking into account that the petitioner's co-accused, to whom the attribution of inducement is made, has already been released on bail. In addition, the petitioner has already been incarcerated for nearly two months since his arrest.

The bench composed of Justice Vinod S. Bhardwaj added that further interrogation of the petitioner in custody is not necessary. The complainant asserted that the Petitioner collected the aforementioned sum from him, but did not fulfil his obligations. Afterwards, the Petitioner allegedly drew a check in the complainant's favour, which subsequently became dishonoured.

The Petitioner argued that he is completely unfamiliar with the complainant and that he has never engaged in any kind of transaction with said complainant. Further, it was argued that there was no reason for the complainant to have advanced Rs.35,00,000/- in a span of one month without obtaining a receipt for doing so, despite the fact that cash transactions of such a large amount are prohibited by law and the complainant's capacity to advance such a large amount has yet to be established.

In addition, the Petitioner argued that there was no reason for the complainant not to initiate proceedings under Section 138 of the Negotiable Instruments Act, 1881, especially since the disputed check had been returned in October 2019. Apparent failure on the part of the complainant to establish existence of a legally enforceable debt and pre-existing liability appears to be the reason why the complainant chose not to pursue the appropriate legal remedy and instead conspired with police officials to file the current FIR in January 2020.

Moreover, he argued that it is incomprehensible that the complainant would travel all the way to Yamuna Nagar in order to send his son abroad, given the large number of travel agencies that are fully operational within the state of Punjab. After reviewing the opposing arguments of the parties, the court determined that the co-accused, who is the petitioner's mother, was the principal defendant in the case registered under Sections 406, 420, 506 and 120-B of the Indian Penal Code, 1860.

The co-defendant has already been released on bail, and the petitioner has spent nearly two months incarcerated since his arrest, the court added. Therefore, his application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 is granted subject to his providing bail/surety bonds. "Accordingly, the present petition is allowed, and the petitioner is admitted to regular bail subject to his providing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned," the order stated.

D.D:23-06-2022

Sanjay Bakshi Versus State Of Punjab

Latest Legal News