RAM CHAND GUPTA,J. - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 64 dated 02.07.2012, under Section 420 IPC, registered at police station Nurpur Bedi, District Ropar.
(2.) THIS Court while issuing notice of motion on 05.10.2012 passed the following order:- "Crl.M.No.53794 of 2012 Application is allowed subject to all just exceptions. Contends that dispute, if any, is civil in nature and that even as per agreement to sell, Annexure P2, he has not stated that he is owner of the entire land and that there is recital in the agreement that in case ownership would be of some other person in between the land, the same would be the responsibility of the petitioner to get it exchanged. Further contended that petitioner already executed sale-deed of 56 acres of land and, however sale-deed for the remaining land could not be executed as the same is not owned by the petitioner and that he tried to buy another land by executing agreement to sell, Annexure P4, and however, later on owner of the said land did not honour the said agreement. Notice of motion to Advocate General, Punjab, for 5.10.2012. However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C. To be heard alongwith Crl.M.No.M.-27441 of 2012." Subsequently, order was passed on 05.10.2012, which reads as under:- "It has been contended by learned senior counsel for petitioner that he never intended to cheat complainant and that however, he could not get executed the sale deed of remaining land as the owner of land did not honour the agreement entered between him and owner of the land. It is further submitted that however, he is ready to refund the excess amount, if any, after adjusting consideration of 56 acres of land, which was already transferred in favour of complainant. Learned counsel for complainant requests a date to seek instruction from the complainant in this regard. On request, adjourned to 08.11.2012. Interim order to continue."
(3.) ON the last date of hearing i.e. on 08.11.2012, the following order was passed:- "It has been stated by learned counsel for the respondent- complainant that after adjusting consideration of 56 acres of land which has already been transferred in favour of complainant, he has to receive Rs.84,65,000 from petitioner which he is liable to pay as per his statement. It has been stated by learned counsel for the petitioner that though petitioner is ready to pay excess amount, however, he requests a date to calculate the amount as stated by learned counsel for respondent-complainant. It is made clear that petitioner should bring requisite draft on the next date of hearing for the amount for which according to him is refundable, failing which interim stay already granted in his favour shall stand vacated. Adjourned to 14.12.2012. At this stage, learned counsel for petitioner states that petitioner will not be able to make the complete payment on the next date of hearing as he had already entered into an agreement with some land owner and made payment to him. Hence, he is directed to bring draft of at least 50% of the amount payable by him to the respondent-complainant on the next date of hearing, failing which interim order shall stand vacated." ;