- (1.) Crl. Misc. No. 21866 of 2013 Application filed under Section 482 Cr.P.C. seeking exemption from filing the certified copies of Annexures P-1 to P-4 and true typed copy of Annexure P-3 is allowed, in view of the averments made in the application, which are duly supported by an affidavit. CRM-M No. 12408 of 2013 1. The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.168 dated 2.4.2013 under Sections 420 and 120-B IPC registered at Police Station, Sector 34, Chandigarh.
(2.) The complainant Adarsh Gupta has alleged that the petitioners have duped him for a sum of Rs. 1.70 crores on account of purchase of two properties one is a plot in DLF, Mullanpur and another is regarding purchase of House No.1095 Sector 15-B, Chandigarh. It is also mentioned in FIR that cheques of Rs. 50 lacs, Rs. 35 lacs and Rs. 25 lacs were executed in favour of the complainant, which have bounced and for which separate proceedings are admittedly pending under Section 138 of the Negotiable Instruments Act. The benefit of anticipatory bail has been declined by the Addl. Sessions Judge, Chandigarh vide order dated 9.4.2013 on account of the fact that whether the documents are forged one's or not it is a matter of evidence and the keeping in view the allegations which have been made in the FIR.
(3.) The fact that the opportunity was given to pay the amount in order to settle the issue which never materialised since the said cheques were dishonoured prima facie shows that the petitioners have been involved in the said offence.;