- (1.) Jaspreet Inder Singh and Gurvinder Singh, the petitioners have brought the above mentioned two criminal miscellaneous petitions seeking pre-arrest bail in a case registered by way of FIR No. 51 dated 14.2.2012 at Police Station Tripri Town, District Patiala for an offence punishable under sections 420, 199, 200 read with section 120-B of Indian Penal Code and section 82 of the Registration Act, 1908. Vikram Singh Sandhu has lodged this FIR on the allegations that William Singh Sandhu alias Diljinder Singh Sandhu is a citizen of USA and he purchased land in Punjab in contravention of the provisions of Foreign Exchange Management Act (for short, "FEMA") after furnishing wrong information about his residence and has also violated the provisions of section 82 of the Registration Act, section 47-A of Stamp Act as also other provisions. According to complainant, William Singh Sandhu opted for US citizenship in the year 1990 and that he did not transfer any money legally from U.S.A. to India.
(2.) Learned counsel for the petitioner, Gurvinder Singh has submitted that Gurvinder Singh is attorney of Sukhwant Singh, who has sold his land to William Singh Sandhu. According to him, the sale is for valuable consideration and Sukhwant Singh has no grouse in the matter. According to him, for this reason, there cannot be any offence of cheating.
(3.) Learned counsel for the petitioner, Jaspreet Inder Singh, who has attested the said sale deed, has contended that the complainant has no locus-standi to file this complaint. According to him, the complainant is instigated by Jagdish Varinder Singh Sandhu, the brother of William Singh Sandhu. He has further submitted that William Singh Sandhu has filed a civil suit against Jagdish Varinder Singh Sandhu and with a view to settle scores with him, Jagdish Varinder Singh Sandhu is instigating the complainant to lodge this complaint. According to him, the sale deed has been attested by a number of witnesses from whom Kaka Singh and Jagtar Singh have been left out of the case. He has further submitted that an attesting witness identifies the parties to the document and he does not vouch for the contents thereof. He has further submitted that the offence under sections 199 and 200 IPC cannot be taken cognizance of without compliance of the provisions of section 195 Cr. P.C. He has submitted that the Sub Registrar has not lodged a report in the matter. He has lastly submitted that William Singh Sandhu has already been arrested and released on regular bail and if there is any violation of FEMA, the same is by William Singh Sandhu.;