ARUN KUMAR TYAGI,J. - (1.) (The case has been taken up for hearing through video conferencing.)
(2.) The petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C") for grant of anticipatory bail in case FIR No. 194 dated 05.11.2019 registered under Sections 406 and 420 of the Indian Penal Code, 1860 (for short 'the IPC) and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 at Police Station Division No. 3, District Ludhiana.
(3.) While issuing notice of motion on 18.09.2020, this Court had granted interim anticipatory bail to the petitioner with direction to join the investigation and the relevant part of the said order reads as under:- "The petitioner has filed this petition under Section438 of the Code of Criminal Procedure, 1973 (for short 'the Cr. P. C') for grant of anticipatory bail in case FIR No. 194 dated 05.11.2019 registered under Sections 406 and 420 of the Indian Penal Code, 1860 (for short 'the IPC) and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 at Police Station Division No. 3, District Ludhiana. Learned Counsel for the petitioner has submitted that the petitioner has been falsely implicated by the police in the criminal case under the political influence to extract money from him and ruin his legal business. The petitioner is doing marketing of the branded products of Multi National Companies through e-marketing. The complainant and some other persons wanted points earned to be encashed in terms of currency which is not allowed by the petitioners Company. The complainant under pretext of products being costly refused to do shopping on company portal violating terms and conditions of company, which is not permissible. There is no cheating or fraud by the company rather the complainant by lodging FIR is mounting pressure on petitioner and accused No. 3 to give cash to him in lieu of points earned by generating I.D's on the petitioner's company. There is no violation of RBI guidelines by the petitioner in the said company. Offences under Sections 420 and 406 of the IPC and Section 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 are not made out. Any dispute between the parties would be subject to Arbitration. The petitioner is ready to join the investigation and also agrees to reference of the matter for mediation. Notice of motion. Pursuant to supply of advance copy, Mr. Sidakmeet Sandhu, Asstt. A.G., Punjab has appeared and accepted notice on behalf of the respondent-State. At this stage, Mr. Navkesh Singh Goraya, Advocate had appeared and accepted notice on behalf of complainant and has sent his power of attorney through e-mail, print out of which is taken on record. Learned State Counsel and learned Counsel for the complainant seek time to file reply. Adjourned to 04.11.2020. In the meanwhile, the petitioner is directed to join the investigation as and when called upon to do so. In the event of his arrest, the petitioner shall be released on interim bail by the arresting officer/investigating officer on furnishing of bail bonds by him to the satisfaction of the arresting officer/investigating officer. The petitioner shall comply with the conditions enumerated under Section 438(2) of the Cr.P.C failing which he shall not be entitled to the protection of interim bail allowed to him." The petition has been opposed by the learned State ;