MANISH RADHESHYAM MALANI Vs. STATE & ANR

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Manish Radheshyam Malani for quashing of FIR No. 159/13 dated 20.06.2013 under Sections 406/409/120-B IPC against petitioner registered at Police Station EOW on the basis of Compromise Deed executed between the petitioner and respondent no. 2, namely, Smt. Renu Ghosh on 15.02.2016.

(2.) Learned Additional Public Prosecutor for respondent-State submitted that the respondent no. 2 present in the Court has been identified to be the complainant/first informant by her counsel.

(3.) The factual matrix of the present case is that the complainant/respondent no.2 was assured by the HDFC Securities Ltd. that the deposit with Birla Power Solutions shall fetch high returns and is very safe and secure. The complainant deposited a sum of Rs. 20 Lacs with Birla Power Ltd. vide FDR receipt no. 12404 for a period of 12 months from 07.09.2011 to 06.09.2012. When the complainant contacted the company on maturity of the FDR, i.e. on 06.09.2012, the officials informed her that the refund would be delayed and the refund order along with the interest shall be dispatched by the end of October 2012 but the same was never received by the complainant. On 11.10.2012, the accused company published an advertisement in a free Press Journal that the company has no overdue deposits other than the unclaimed on the date of the advertisement.