POONAM BHARADWAJ Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petitions are preferred by the complainant and the accused, respectively, both assailing the judgment dtd. 1/4/2024 passed by the learned ASJ-05, Patiala House Court, New Delhi, vide which while the accused/Ashish Abrol was discharged under Sec. 468 IPC, the charges framed under Ss. 420/471 IPC against him were upheld. Notably, the impugned order was passed in Crl. Rev. No.515/2023 filed by the complainant/Poonam Bharadwaj against the order on charge dtd. 31/5/2023 passed by the Trial Court. Since common submissions have been addressed in both the petitions, the same are taken up for consideration together.

(2.) As per the facts of the present case, the complainant/Poonam Bhardwaj claiming herself to be wife of the accused/Ashish Abrol, in her complaint alleged that she was made a co-applicant in seeking home loan for purchase of property bearing No. C-4, 1st floor, Kailash Colony, New Delhi (hereinafter, 'subject property') from Standard Chartered Bank (hereinafter, 'SCB'). Even though the subject property was bought in the name of the accused and his mother, Rekha Abrol, the complainant claimed to have transferred money into the account of the accused vis-"-vis the said home loan.

(3.) On account of matrimonial discord, the parties started living separately. It was further alleged that at the time of loan closure, the accused submitted a letter of authorisation on behalf of the complainant alongwith a photocopy of her expired passport as an identification document with the SCB. It is claimed that the accused forged her signatures on the authorisation letter, as a result of which, the accused was able to take the title documents of the subject property in his possession. Consequently, the present FIR bearing FIR No.152/2015 came to be filed against the accused at P.S. Parliament Street, Delhi, and after investigation, the chargesheet was filed under Ss. 406/420/468/471 IPC.