GOVIND LAL TAMTA Vs. NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Proceedings for quashing FIR No.539/08 registered at PS Vasant Kunj under Sections 420/464/468/471 and 120-B of IPC and the proceedings arising therefrom.

(2.) The case of the prosecution in brief is that Delhi Public School, Vasant Kunj received a reference from the Manager, Delhi State Cooperative Bank Limited and Canara Bank, New Delhi seeking remittance of the salary of its 14 employees on the ground that they had defaulted in payment of loans taken by them. Certain documents were also sent to the school along with the reference. These documents comprised Identity Card, Pay Slip and undertaking from the employer. On perusal of the documents, the school felt that these employees had forged and fabricated the Pay Slip and undertaking from their employer by forging the signature of the complainant, Vasant Kunj, and the stamp of the school. An FIR under Sections 420/464/468/471 and 120-B of IPC was, therefore, registered and investigation was carried out. The investigation revealed that the petitioner Govind Lal Tamta had obtained a loan of Rs.17,000/- from Delhi State Cooperative Bank, 15/16, Janpath Lane, New Delhi on 19th May, 2006 by submitting forged undertaking of Delhi Public School, Vasant Kunj and fabricated pay slip for the month of February, 2005 showing his net pay as Rs.11,538/- as against actual net pay of Rs.6,300/-. Similarly, petitioner No.2 Narender Singh stood surety for petitioner No.1 Govind Lal Tamta by furnishing a forged undertaking purporting to be issued by Delhi Public School, Vasant Kunj and a fabricated pay slip for the month of January, 2005 showing his net pay as Rs.8,824/- as against actual pay of Rs.4,588/-. The original computer generated Pay-Slips, duly verified by the Accounts Officer of the school for the relevant month were obtained from the school for the purpose of investigation.

(3.) The petitioners have sought quashing of the FIR primarily on the ground that they have cleared the loan taken from Delhi State Cooperative Bank which has also issued the requisite NOC in this regard. Though it has also been claimed in the petition that the school had hatched a conspiracy to terminate their services on the pretext of forgery, no such plea was urged during arguments.