S.S.SARON.J - (1.) THE petitioner seeks regular bail pending trial for the offences under Sections 420 and 34, IPC and Section 138 of the Negotiable Instruments Act, 1881 ('N.I. Act' for short).
(2.) THE FIR in the case has been registered on the application submitted by the complainant Manjit Singh, son of Jaswant Singh. It is alleged by the complainant that travel agents Rajan and Satpal (non-petitioners) had played fraud with him to the tune of Rs. 1.5 lacs. They had also obtained his passport in respect of which legal proceedings against their group and getting the money back along with interest be initiated. The travel agents Satpal and Rajan had assured the complainant Manjit Singh that they would get him a visa and send him to England. They received a sum of Rs. 1.5 lacs from the complainant on 27.9.2001 in the presence of Bhupinder Singh and Surinder Pal Singh as also Darshan Lal. They took the passport of the complainant. However, the accused had got the complainant visa for South Africa and Nigeria. Thereafter, the complainant appeared before the SSP, Batala in the seventh month of 2002 and got Police proceedings initiated against them. The accused Satpal and Rajan gave the complainant a sum of Rs. 20,000/- and a cheque for Rs. 1 lac in the presence of ASI Jagdish Raj Atri. The cheque that was given to the complainant was not honoured and could not be got encashed. Learned Counsel for the petitioner has submitted that the petitioner is not named as an accused in the FIR and there is no allegation against him. It is also submitted that co-accused Satpal and Rajan have been granted the concession of anticipatory bail by the learned Additional Sessions Judge, Gurdaspur. It is also submitted that on account of the dishonour of cheque, the petitioner cannot be made liable for the offence under Section 420, IPC as that would only amount to an offence under Section 138 of the N.I. Act.
(3.) IN response, learned Counsel for the State has submitted that the petitioner is the main accused in the case and he is the signatory of the cheque of Rs. 1 lac that was given to the complainant. It was also submitted that the petitioner evaded his arrest for four years. The cheque that was given was only to stall the proceedings under Section 420, IPC so as to show that only Section 138 of the N.I. Act is made out.;