IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 204 CRM-M-27174-2026 (O&M) Date of Decision: 28.07.2026 JATINDERJEET KAUR ....Petitioner V/s STATE OF PUNJAB .…Respondent CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Amit Dhawan, Advocate, for the petitioner. Mr. Rahul Jindal, AAG, Punjab. Mr. Abnash Singh, Advocate for the complainant. *** VIKRAM AGGARWAL, J. (ORAL) Prayer in the present petition preferred by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short the “BNSS”) is for the grant of anticipatory bail in case FIR No.33, dated 12.02.2026 under Sections 318 (4) and 316 (2) of BNS, 2023 registered at Police Station Dasuya, District Hoshiarpur. 2. On 14.05.2026, the following order was passed by a Coordinate Bench:- “1. Present is the first petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile Section 438 Cr.P.C.) for grant of anticipatory bail to the petitioner in case FIR No. 33 dated 12.02.2026, registered under Sections 318(4) and 316(2) of the Bharatiya Nyaya Sanhita, 2023 (erstwhile Sections 420 and 406 IPC) at Police Station Dasuya, District Hoshiarpur. MANI KUMAR 2026.07.29 14:17 I attest to the accuracy and integrity of this document CRM-M-27174-2026 (O&M) -2- 2. As per the prosecution version, complainant Sanjeev Kumar moved an application before the SSP, Hoshiarpur alleging that the present petitioner, who was working as a travel agent, induced him to pay an amount of Rs.12,50,000/- on the pretext of sending his son and daughter to Canada. It was alleged that despite receiving the said amount, neither were the children sent abroad nor was the amount returned. It was further alleged that the petitioner issued five cheques towards repayment of the amount, however, all the cheques were dishonoured upon presentation. The complainant also alleged that a complaint case had earlier been filed against the petitioner, wherein she was declared a proclaimed person. The prosecution further alleges that thereafter the petitioner executed an affidavit admitting her liability and assured repayment of the amount within the stipulated period. It is alleged that the petitioner paid an amount of Rs.1,59,000/- in instalments, but failed to make payment of the remaining amount. Upon inquiry conducted by the Economic Offences Wing, the allegations regarding cheating and misappropriation of Rs.10,91,000/- were found to be substantiated and accordingly, recommendation was made for registration of the present FIR under Sections 318(4) and 316(2) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Dasuya, District Hoshiarpur. 3. Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in the present case after an unexplained delay of about eight years from the alleged transaction. It has been argued that no specific date of payment of the alleged amount has been mentioned in the complaint and no independent witness to the alleged cash transaction has been cited. Learned counsel further submits that the amount, if any, MANI KUMAR 2026.07.29 14:17 I attest to the accuracy and integrity of this document CRM-M-27174-2026 (O&M) -3- was paid to one Navneet Singh, who was running an immigration firm, and the petitioner has unnecessarily been dragged into the present FIR. It is further contended that the alleged affidavit dated 26.12.2024 is a fabricated document and the complainant has concealed material facts. Learned counsel has also argued that proceedings under Section 138 of the Negotiable Instruments Act had already been initiated and the present FIR has been lodged only to pressurize and harass the petitioner. It is further submitted that the matter is essentially of civil and monetary nature and the petitioner is ready to join investigation and cooperate with the investigating agency. 4. Notice of motion. 5. On the asking of the Court, Mr. Sahil Chowdhary, AAG, Punjab accepts notice on behalf of the State of Punjab and opposes the prayer for grant of anticipatory bail to the petitioner. It has been contended that serious allegations of cheating and misappropriation of a substantial amount have been levelled against the petitioner. Learned State counsel submits that the inquiry conducted by the Economic Offences Wing found the allegations to be substantiated and thereafter the present FIR was rightly registered. It is further submitted that the petitioner had allegedly admitted her liability and partly repaid the amount and, therefore, custodial interrogation of the petitioner may be required for proper investigation of the case. 6. I have heard learned counsel for the parties and have gone through the record of the case with their able assistance. 7. Without commenting upon the merits of the case, this Court is of the considered view that the matter appears to arise out of a monetary dispute between the MANI KUMAR 2026.07.29 14:17 I attest to the accuracy and integrity of this document CRM-M-27174-2026 (O&M) -4- parties. The allegations pertain to payment of money allegedly made several years ago and there is also an admitted pendency of proceedings under Section 138 of the Negotiable Instruments Act between the parties. The petitioner has raised arguable pleas regarding delay in lodging of the FIR, absence of specific details regarding the alleged payment and the civil nature of the dispute. The custodial interrogation of the petitioner does not appear to be necessary at this stage and the petitioner has expressed willingness to join the investigation. 8. Consequently, in the event of arrest, the petitioner shall be released on interim anticipatory bail subject to her joining investigation within seven days from today and subject to the conditions envisaged under Section 482(2) BNSS/Section 438(2) Cr.P.C. The petitioner shall cooperate with the investigation and shall abide by all lawful directions issued by the Investigating Officer. 9. Adjourned to 17.07.2026.” 3. Learned counsel for the petitioner submits that in compliance of the aforesaid order, the petitioner has duly joined investigation. 4. Learned counsel representing the State of Punjab, on instructions from SI Daljit Singh, SHO Police Station Dasuya, District Hoshiarpur, who is present in the Court, submits that in compliance of the order dated 14.05.2026, the petitioner has duly joined investigation and his custodial interrogation is not required. 5. The prayer for the grant of anticipatory bail has been opposed by learned counsel for the complainant stating that the petitioner had, in a way, admitted his liability to pay and had issued cheques as well, therefore, it is not a case where the concession of anticipatory bail should be extended. 6. I have considered the submissions made by learned counsel for MANI KUMAR 2026.07.29 14:17 I attest to the accuracy and integrity of this document CRM-M-27174-2026 (O&M) -5- the parties. 7. A Co-ordinate Bench had delved upon the said issue, in paragraph 7 of the order dated 14.05.2026 and had, thereafter, called upon the petitioner to join investigation. Learned State counsel has categorically, on instructions, submitted that the petitioner has joined investigation and his custodial interrogation is not required. That being so, I do not find any merit in the submissions made by learned counsel for the complainant. 8. In view of the fact that petitioner has duly joined investigation and keeping in view the statement given by learned counsel representing the State of Punjab, the present petition is allowed. The order dated 14.05.2026 passed by this Court is made absolute, subject to compliance of the provisions as envisaged under Section 482(2) BNSS. (VIKRAM AGGARWAL) JUDGE July 28, 2026 Mani Kumar Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MANI KUMAR 2026.07.29 14:17 I attest to the accuracy and integrity of this document