MAHENDER KUMAR SHARDA Vs. STATE

JUDGEMENT

(1.) The petitioner vide the present petition seeks the quashing of the FIR No. 575/1997, Police Station Kashmere Gate, registered under Sections 420/468 of the Indian Penal Code, 1860 submitting to the effect that a settlement has been arrived at between the petitioner and the complainant of the FIR.

(2.) A perusal of the records and of the status reports indicate that vide order dated 1.4.2009, the charges against the petitioner were framed by the learned Metropolitan Magistrate of the alleged commission of the offence punishable under Sections 420 and also of the alleged commission of offence punishable under Section 468 of the Indian Penal Code, 1860.

(3.) The allegations against the petitioner as set forth through the charge sheet, copy of which is placed on record, and the status report dated 14.8.2019 and 9.10.2019 under the signatures of the SHO Police Station Kashmere Gate and also charges dated 1.4.2019 framed by the learned Trial Court indicate that the petitioner herein was charged with having been employed as a Manager during October, 1990 till 9.5.1992 with the complainant Hari Om Maheshwari who was a member of the Delhi Stock Exchange for the period from 1990 to 1995 and was also pursuing his business in the name & style of H. Maheshwari & Co. at 5/5761, Dev Nagar, Karol Bagh, New Delhi as a sole proprietor where the petitioner herein worked as a Manager in the said firm from October, 1990 till 9.5.1992 and thereafter left the firm of the complainant after committing various frauds. It is further submitted through the status reports and the charge sheet that the complainant had shifted his office to Essel House, 10, Asaf Ali Road, New Delhi during January/February 1997 and it came to his notice that one company has posted a cheque of brokerage and commission in the name of his firm, i.e., H. Maheshwari & Co. which was delivered at his address,i.e., 5/5761, Dev Nagar, Karol Bagh, New Delhi which cheque bore the number 142045 dated 17.1.1994 and was for a sum of Rs.2242.50 issued by M/s Triveni Engineering Works Ltd. which was allegedly fraudulently received by the petitioner herein who deposited the same with the Punjab & Sindh Bank, Kashmere Gate, in the account No. 3546 opened by him in the name of H. Maheshwari & Co. by showing himself as the proprietor and also encashed the same. It has further been submitted through the status report submitted on behalf of the State that after the registration of the case, the investigation was taken up and the petitioner was arrested and the relevant documents were seized and the statements of the witnesses were recorded and the seized documents in question i.e., the cheque no. 142045, were sent to FSL for expert opinion and that the Account Opening Form was also obtained by the Investigating Officer on which the photograph of the petitioner herein was affixed bearing his signatures and the said document was also sent to the FSL and his signatures Q1 on the back side of the cheque and his signatures Q2 and Q3, on the account opening form were found to be the same and matched with his specimen signatures.