HIMANSHU DAWAR Vs. STATE

JUDGEMENT

(1.) The present writ petition has been filed by the Petitioners under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for quashing of FIR No. 576/2008, under Sections 379/467/468/471/120-B, IPC, registered at P.S. Malviya Nagar, New Delhi and consequential proceedings arising therefrom. Brief facts, as stated by the Petitioners in the present petition, are that the Respondent No. 2/complainant Smt. Vibha Sunil Taneja filed a complaint against the Petitioners in the Court of learned ACMM, New Delhi for committing the offences under Sections 379/467/468/471/120-B, IPC along with an application under Section 156(3), Cr.P.C. for registration of FIR. In the said complaint, it was alleged that the Respondent No. 2/complainant is maintaining an account bearing No. 52810115332 at Standard Chartered Bank, South Ext. Branch, New Delhi. It was also alleged that a cheque book bearing No. 654026 to 654050, which was issued in the abovesaid account was lost by her in May, 2004 and this was intimated to the Bank which had issued another cheque book.

(2.) It was further stated that the Respondent No. 2/complainant received a notice under Section 138, N.I. Act from the Counsel of the Petitioner No. 1 that a cheque bearing No. 654033 for Rs. 2,50,000/- issued by her in favour of the Petitioner No. 1 had been dishonoured due to reason 'funds insufficient'. Incidentally, this cheque was issued from the cheque book which was actually lost by the complainant. The complainant replied to the said notice through her Counsel giving all the particulars. The complainant further alleged that the Petitioners along with some bank officials have committed forgery and misused the cheque. It was also alleged that the signatures on the cheque are not hers and the same have been forged. Thereafter, the complainant made various complaints to P.S. Malviya Nagar regarding this incident but no FIR was registered, hence she was constrained to approach the Court of learned ACMM by filing the criminal complaint and the learned Magistrate vide order dated 20.5.2008 issued directions for registration of FIR against the Petitioners and consequently the said FIR was registered against the Petitioners. It has been stated that the investigation is pending and charge sheet has not been filed.

(3.) It is further stated that after registration of FIR, the Petitioner No. 1 moved application for grant of anticipatory bail which was dismissed by the learned Addl. Sessions Judge vide order dated 10.6.2014.