ASHOK DOGRA Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr. P. C for quashing of the criminal proceedings arising out of FIR No. 161/01 registered at R. K. Puram, p. S. for the alleged offences under Sections 406, 420, 468, 471 of IPC.

(2.) THE brief facts leading to the filing of the aforesaid First Information report as reflected from the said Report itself are that on 16. 02. 2001, the complain antu respondent No. 2 went to the Cards Services Division of standard Chartered Bank, Vasant Vihar, New Delhi for settlement of his scb Card No. 5543748080019612. There he met one Mr. Deep Pal Singh, assistant Manager, Customer Assistance, who agreed to settle the said card on a payment of Rs. 27,500/- as against the current balance of Rs. 34,170. 20. The payment was to be made through cheque. As respondent No. 2 was not carrying the cheque, he went home to collect the same. On reaching home, the respondent No. 2 received a telephone call from one Mr. Rajesh who lured him to settle the card for Rs. 22,000/-, i. e. , Rs. 20,000/- + Rs. 2,000/- as service charges as against Rs. 27,500/- as offered by Mr. Deep Pal Singh provided it was paid in cash. He was also informed that the said Mr. Rajesh worked with Mr. Deep Pal Singh. He (the respondent No. 2) was asked to be ready with the cash which was to be given to Mr. Kaushal on the following day and the latter would hand over to him the settlement paper and cash receipt. On the following day, i. e. , on 17. 02. 2001, in the evening, Mr. Kaushal came to the respondent No. 2's house, and the respondent No. 2 after verifying that his identity card was duly endorsed by the Standard Chartered Bank handed him the sum of Rs. 22,000/- in cash. Mr. Kaushal then handed over the settlement of account letter and receipt dated 17. 02. 2001 for Rs. 20,000/ -. It was only after a week that he came to know that he had been cheated when the bank called him to immediately deposit Rs. 35,043/- being an overdue demand. On verification the Bank Manager confirmed that the signature on the settlement letter was not that of Mr. Deep Pal Singh nor the receipt for Rs. 20,000/- was issued by any bank personnel, and that both the documents were forged and the respondent No. 2 had been duped of Rs. 22,000/- in connivance with the bank employees.

(3.) THE respondent No. 2 thereupon lodged an FIR on 15. 03. 09 and on the same day the petitioners were arrested and send to judicial custody, but were granted bail by the Ld. Additional Sessions Judge with the direction to pay the alleged cheated amount of Rs. 22,000/-, which counsel for the parties affirm has since been paid by the petitioners.