SANDEEP KAUSHIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this first anticipatory bail application under Section 438 of the Code of Criminal Procedure filed by accused Sandeep Kaushik, allegations have come about by a young married lady then student of M.Sc. Final year.

(2.) In her allegations, the complainant alleged that she came across the accused-petitioner and with his impressive talk had taken in the complainant and her family with the intend to start a business together and on this pretext the complainant claims that the accused had been drawing money from her which are fully detailed in the allegations. After some time of this, the accused approached the complainant to enter into a wedlock and on this fraudulent misrepresentation and promise entered into physical relations with the complainant. Subsequently, it was revealed that the accused-petitioner was married man and on the basis of which the present case was got registered.

(3.) Mr. Rajesh Lamba, counsel for the petitioner has submitted that initially the complainant has got recorded a DDR entry and subsequently the FIR has come into being at a different place and in sharp contradiction to the DDR entry and it was submitted that the prosecutrix is major and has volunteered into this relationship and to dupe him of his wealth had filed a false case and even a complaint under Section 138 of the Negotiable Instruments Act and nothing is to be recovered and therefore, the petitioner is entitled to relief.