GURCHARAN SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking the following reliefs:

(2.) Allegation against the petitioner in the F.I.R. lodged by the respondent no.3 (complainant) is that the petitioner, alongwith other co-accused, opened a fake account of his Jeth, who died on 26.09.2013, and kept her signed cheque book as well as pass book with him and withdrew a sum of Rs. 2,00,000/- and also transferred huge sum in his account from the said account and threatened her of dire consequences.

(3.) Learned counsel for the petitioner submitted that allegations made against the petitioner in the impugned F.I.R. are totally false and, therefore, protection should be granted to the petitioner. He submitted that the F.I.R. is delayed one, inasmuch as, the alleged transaction took place in the year 2015; whereas, the impugned F.I.R. has been registered in the year 2018. He submitted that, in fact, loan was taken by husband of the respondent no. 3 and the same was being returned by the complainant by way of transferring the money from her account to petitioner's account and, as such, no fraud has been committed by the petitioner. He submitted that, in any case, petitioner is entitled for the benefit of the directions issued by the Hon'ble Apex Court in the matter of Arnesh Kumar Vs. State of Bihar.