The Patna High Court granted anticipatory bail to the petitioner in connection with a complaint case involving cheque dishonour under Section 138 of the N.I. Act and cheating. The petitioner was released on bail subject to conditions.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70103 of 2018
Arising Out of PS. Case No.-2967 Year-2012 Thana- PATNA COMPLAINT CASE DistrictPatna
======================================================
Gulshan Wadhera @ Gulshan Wadera Wife of Praveen Kumar Wadera, Resident of Block No.1, House No.53, P.S.P.O.- Lajpat Nagar-2, New Delhi24, At present House No.566/A, N.H.P.C. Colony, Faridabad Sector-45, P.S.Surajkund Road, District- Faridabad Haryana.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate. Mr. Manindra Kishore Singh, Advocate. For the State : Mr. Satya Nand Shukla, APP For the Complainant : Mr. Kamal Kant Singh, Advocte. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
4 13-03-2019
Heard learned counsel for the petitioner, learned
counsel for the complainant and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 2967(C) of 2012, registered under Section 406 of the Indian Penal Code and Section 138 of the N.I. Act.
The accusation is that Gulsan Wadhera and her husband, Praveen Kumar Wadhera were known to the complainant, Jaspreet Singh. The complainant, Jaspreet Singh wanted to purchase a flat/house at Delhi. When the petitioner
Patna High Court CR. MISC. No.70103 of 2018(4) dt.13-03-2019 2/4
and her husband came to know the said facts then they contacted to the complainant, Jaspreet Singh, and gave proposal to sell the ground floor of their house situated at Plot No. I- II/53, Lajpat Nagar, New Delhi. Thereafter, in the month of November, 2011, petitioner and her husband came at the resident of complainant, Jaspreet Singh at Patna and talked to sell ground floor of their house situated at Lajpat Nagar, New Delhi, on consideration amount of Rs.75,00,000/-. Thereafter, the complainant, Jaspreet Singh demanded the original paper of house then petitioner and her husband handed over to original paper of the house to complainant. Thereafter, till January, 2012, complainant, Jaspreet Singh, paid Rs.50,00,000/- to the petitioner and her husband and requested to execute the sale deed saying that the remaining amount of Rs.25,00,000/- will be paid at the time of execution of sale deed. In the month of February, 2012, when complainant, Jaspreet Singh, asked the petitioner and her husband to execute the sale deed then petitioner and her husband demanded total amount of Rs.1,00,00,000/- instead of Rs.75,00,000/-. Then complainant, Jaspreet Singh asked the petitioner and her husband to return the aforesaid amount of Rs.50,00,000/-, which was given as advance but the petitioner and her husband started to prolong
Patna High Court CR. MISC. No.70103 of 2018(4) dt.13-03-2019 3/4
the matter on false pretext and thereafter, petitioner and her husband came at the resident of complainant, Jaspreet Singh at Patna and gave a cheque dated 28.03.2012 of Rs.50,00,000/- but the same was dishonored. Thereafter, notice was sent to the petitioner and her husband but no response was given.
Learned counsel for the petitioner submits that, in fact, Sarvjeet Singh, who is witness no. 1 in the complaint case lodged by the opposite party no. 2, Jaspreet Singh, was the employee in the business of husband of the petitioner, which was in the name of Wadera Sons, Caterers and Decorators in New Delhi but Saravjeet Singh left the job and moved from there with original document of title and blank cheque and other documents and later on, blank cheque was misused by the complainant-opposite party no. 2, who is son of brother-in-law of Saravjeet Singh and on knowing the said fact, Praveen Kumar Wadera, husband of the petitioner, gave the written application before the SHO, Lajpat Nagar 2nd , New Delhi on 06.09.2012 and after inquiry, Lajpat Nagar P.S. Case No. 318 of 2012 was instituted on 28.11.2012 against Saravjeet Singh and on investigation, police submitted the charge sheet on 23.12.2018 against Saravjeet Singh and complainant-opposite party no. 2 but only to give undue pressure, the present case has
Patna High Court CR. MISC. No.70103 of 2018(4) dt.13-03-2019 4/4
been lodged with false allegation.
Having regard to the facts and circumstances of the case, let the above named petitioner, who is lady, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-II-cum-A.C.J.M., Patna, in connection with Complaint Case No. 2967(C) of 2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in the anticipatory bail proceedings.
Whether the petitioner is entitled to release from arrest on furnishing a bond.
1 provisions across 1 enactments
Gulshan Wadhera @ Gulshan Wadera
State of Bihar
Jaspreet Singh
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
