NARINDER KUMAR SIKKA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present revision petition has been filed under Sections 397/401 Cr.P.C. read with Section 482 Cr.P.C. for quashing of the order on charge dated 27.05.2015 passed by the learned CMM, New Delhi in FIR No.101/2005 registered under Sections 420/468/471/120B IPC, PS: Special Cell, Lodhi Colony, New Delhi.

(2.) The facts of the case in a nutshell are that on 30.06.2005 a complaint was made by Ms.Sumita Mukherji, Assistant to Police Liaison Officer, German Embassy, with the police where it was alleged that the petitioner had presented an invitation letter from a German company namely TRIMET Handells GMBH and upon verification, it was found that the address and telephone number of the said company given in the invitation letter were fake as the actual company with the name of TEMIE Handel AG is located at Heinrichstr, 155 40239 Dusseldorf in Germany. In a telephonic verification, Mr. Heinrich of the said company confirmed that there was no person on their rolls with the name of Schneide/Schnelder and that the petitioner was not known to them. On the basis of the same, the present FIR was registered regarding the fact that the accused Tarun Sikka had come to the German Embassy to collect a passport and visa for his cousin Narender Kumar at German Embassy on the basis of forged/fake invitation letter. It was thus apparent that the petitioner had presented a letter of invitiation purported to have been received from a company in Germany for business transactions.

(3.) Based on the aforesaid allegations, after hearing the learned counsel for the parties, the Trial Court came to the conclusion that though the offence complained of had not been accomplished, prima facie, there was sufficient incriminating ingredient warranting framing of charge under Sections 420/511, 468/511 and 471/511 IPC against the petitioner/Narender Kumar. Accordingly, charge was framed against the petitioner/Narender Kumar. Hence, the present petition.