KRANTA AAKASH @ PRAKASH KUMAR Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of FIR No.60/2012, under Sections 420/468/471 IPC, registered at Police Station Tuglak Road.

(2.) The ground for quashing of the aforesaid FIR is that the petitioner and respondent No.2/complainant have arrived at a compromise as a consequence of which the petitioner is purported to have paid a sum of Rs. 41,000/- to respondent No.2 vide demand draft No.001084 dated 25.8.2012 drawn on HDFC Bank Ltd., Janpath, New Delhi.

(3.) Briefly stated the facts of the case are that a complaint was received from Munender Singh, s/o Sh. Ram Swroop Singh, r/o Village Ruppra, Post Office Jaitpur, District Agra (U.P.) that on 20.6.2012, accused Prakash Kumar @ Akash Kumar, who claimed himself to be an employee of Indigo Air Lines, came to shop No.17-B, Khan Market, New Delhi with the name of Kranta Aakash and offered membership of Indigo Air Lines to the owner of "Dristi Optical" and received a cheque bearing No.0159110, HDFC Bank, Khan Market for an amount of Rs. 1,000/- and then changed the value of the said cheque, both in figure and words, to Rs. 41,000/- by prefixing digit "4' before "1,000/-" and "forty' before "one thousand only' and withdrew an amount of Rs. 41,000/- from HDFC Bank, Defence Colony Branch, New Delhi. Hence, the aforesaid FIR was registered. During the course of investigation, the address of the mobile number 8802559502, which was mentioned on the visiting card provided by the accused to the shop owner, was ascertained as K-11, South Patel Nagar, New Delhi. The above address was got verified but was found to be fake. On 8.7.2012, an information was received from Police Station Karol Bagh that a person, namely, Prakash Kumar @ Akash Kumar, s/o Subodh Kumar, r/o D-15, Pandav Nagar, Delhi was arrested in FIR No.114/2012, under Sections 420/468/471 IPC, registered at Police Station Karol Bagh, New Delhi, who disclosed his involvement in Khan Market cheque fraud case of 20.6.2012. The accused Prakash Kumar @ Akash Kumar was interrogated in Tihar Jail where he was in judicial custody in FIR No.114/2012 where he disclosed that on 20.6.2012, he went to shop No.17-B, Khan Market and received a cheque of Rs. 1,000/- from the accountant of the shop and changed the value of that cheque to Rs. 41,000/- and withdrew the said amount from HDFC Bank, Defence Colony, New Delhi. The accused/petitioner was formally arrested on 17.7.2012 and produced before the court of Sh. Jay Thareja, Metropolitan Magistrate, Patiala House Courts. The specimen signature and handwriting of the petitioner was obtained, who refused to join TIP. On 19.7.2012, he was produced in the court after one day police remand and was sent to judicial custody. The petitioner is stated to be previously involved in FIR No.109/2011, under Section 420/468/471 IPC, registered at Police Station Kamla Market, FIR No.7/2012, under Section 420/468/471 IPC, registered at Police Station Parliament Street, FIR No.56/2012, under Sections 419/420/467/471 IPC, registered at Police Station Barakhamba Road and FIR No.114/2012, under Sections 420/467/468/471 IPC, registered at Police Station Karol Bagh. The accused is stated to be still in judicial custody. The investigations have not been finally concluded and the charge sheet is yet to be filed. The present petition has been filed with a view to quash the aforesaid FIR on the basis of purported compromise having been arrived at between the petitioner and the respondent No.2 through Vikash Kumar, brother of the present petitioner, who is claiming himself to be conversant with the facts of the case.