RUBY GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 438 of the Code of Criminal Procedure, for grant of anticipatory bail in FIR No. 198 dtd. 6/12/2020, under Ss. 420 and 406 IPC, registered at Police Station, Civil Lines, Bathinda.

(2.) As per the allegations contained in the FIR, a complaint was lodged by the complainant namely Vijay Kumar ' respondent No.2 that the petitioners had taken an amount of Rs.14.00 + 16 lacs i.e. total Rs.30.00 lacs from the complainant for the purpose of sending his son abroad in the presence of Makhan Lal and since they have not fulfilled the same, they have committed fraud upon the complainant and in this way the present FIR came to be lodged.

(3.) Learned counsel for the petitioners has submitted that that the entire FIR was, in fact, is based upon a concocted story and while referring to the background of the present case, he has drawn the attention of this Court to Annexure P-3 dated 1.10.20019 whereby in the year 2019, the complainant had filed a complaint before the police on the ground that the petitioners had executed an agreement of sale of property and had taken Rs.30.00 lacs and have given possession to him but did not execute the sale deed and therefore, action be taken against them. However, vide Annexure P-4, the Deputy Superintendent of Police, E.O. and Cyber Crime, Bathinda, conducted a detailed inquiry and found that no case was made out against the petitioners and the complaint was filed to record.