MANDEEP GANDHI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Present petition has been preferred against the order dated 08.07.2016 passed by the learned Revisional Court, vide which order dated 17.11.2015 passed by the learned trial court framing charge against the petitioner has been upheld. In this petition, aforesaid two orders as well as FIR in question are sought to be quashed.

(2.) The brief facts of the case are that on 05.02.2003, complainant- V. Shiva Kumar, Risk Management and Fraud Control Department, Citi Bank made a complaint at Special Cell, Lodhi Colony, New Delhi regarding skimming and counterfeiting of credit card suspecting that a few shopkeepers had colluded with the criminals, which is causing loss to the bank as well as genuine card holders. On his complaint, FIR No. 07/2003, under Sections 419/420/467/468/471/120B IPC was registered at Special Cell, New Delhi.

(3.) During investigation of this case, master mind Mayank Garg @ Bobby, Sharif Ahmed @ Sahil and Ajay Taneja were arrested on 22.02.2003 and upon further investigation, accused Mukesh Kumar, Jagdish Chand and Aleem Ahmed who provided data of genuine card holder and shop keepers, namely, Ashish Khera, Naresh Nagpal, Mukesh Dubey, Dhiraj Gupta, Jaspal Singh, Chaman Lata Gupta, Gaurav Bansal, Lalit Chander and petitioner- Mandeep Gandhi, at whose shops the cloned cards were used, were arrested and recovery was effected.