CHETAN SEHGAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short, Cr.P.C.), the petitioner/applicant has sought quashing of the charge sheet dated 18.6.2006 as well as the proceedings of criminal case no.117 of 2006, State v. Chetan Sehgal, relating to offences punishable under Sections 420, 467, 468 and 471 of The Indian Penal Code, 1860 (for short, IPC).

(2.) Heard learned counsel for the parties and perused the entire available in file.

(3.) Brief facts of the case are that respondent no.2 Rahul Sehgal moved an application u/s 156 (3) of Cr.P.C. against the applicant and another with the allegations that the respondent no.2 is the Secretary of Pushpawati Memorial Charitable Society and the applicant was the Chairman of the said Trust. The Trust is having an account no.16464 in Oriental Bank of Commerce, Rajpur Road Branch, Dehradun, which is operated by the joint signatures of respondent no.2 and applicant and the cheque books, account book and all other documents related to the said account were in the possession of the applicant. It is alleged that when respondent no.2 checked the statement of bank account, he found that some cheques have been encashed by the applicant by using forged signatures of respondent no.2 and the applicant has grabbed Rs.1,02,000/- of the Trust. With these averments, the present FIR was lodged at P.S. Kotwali Dehradun by respondent no.2. After lodging of the FIR, the matter was investigated and on completion of investigation, the I.O. submitted charge sheet in the court against the applicant u/Ss 420, 467, 468 and 471 of IPC, on the basis of which, learned Magistrate summoned the applicant and criminal proceedings were initiated against him. Against the said charge sheet and the criminal proceedings, the applicant has preferred the present application u/s 482 of Cr.P.C. before this Court.