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‘Promised USA, sent to Thailand, Kazakhstan, Russia’: HC dismisses second bail plea in fraud case

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A man who was allegedly promised a journey to the USA was initially sent to Thailand, then to Almaty in Kazakhstan, about 10 days later to Russia, and thereafter to Dubai, but was never sent to the USA, the Punjab and Haryana High Court has recorded in an order.The sequence came to light in an order dismissing the second regular bail petition of a 40-year-old accused in a case registered at Ladwa police station in Kurukshetra on July 22, 2024, for cheating, criminal breach of trust and another offence under Sections 370, 406 and 420 of the IPC.According to the allegations recorded in the order, a deal had been finalised for Rs 48 lakh to send a person to the USA.The complainant allegedly paid Rs 12.50 lakh in cash on October 15, 2023, and another Rs 12.50 lakh on October 23, 2023, in the presence of his brother and cousin. Two security cheques dated March 15, 2024, for Rs 12.50 lakh each were also issued by the two accused in favour of the complainant.The court recorded that the person was initially sent to Thailand and then to Almaty in Kazakhstan on November 28, 2023. After about 10 days, he was sent to Russia and from there to Dubai, but was never sent to the USA.Appearing before Justice Sanjay Vashisth’s Bench, counsel for the petitioner-accused argued that the entire transaction alleged in the case involved cash. A total amount of Rs 25 lakh had allegedly been paid in cash. It was also argued that the statements of two persons named in the FIR attributed the cheques and assurances to another co-accused and not to the petitioner.“The counsel further submits that even as per the allegations contained in the FIR, the cheques were handed over to the complainant toward the alleged liability. The complainant, therefore, has an efficacious remedy under the Negotiable Instruments Act, 1881, for recovery of the alleged amount in case of dishonour/non-payment of the said cheques,” the Bench noted.The State counsel, on the other hand, informed the court that the petitioner was facing another case of a similar nature, registered at Chandi Mandir police station in Panchkula under Sections 406, 420 and 120-B of the IPC and Section 24 of the Immigration Act.Dismissing the bail plea, the High Court referred to the conduct of the accused as reflected in the case.“Looking at the conduct of both the accused in the case, that how the poor people now in Haryana are being defrauded by alluring them after handing over the security cheque and making them run pillar to post, petitioner/accused don’t deserve any sympathetic consideration under the laws and thus need to be treated differently so that the required message may reach to the other such accused persons in the state,” the Bench concluded while dismissing the plea.

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