KRUPA ACHALESHBHAI PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the First Information Report bearing I-C.R. No.195 of 2013 registered with Shahibaug Police Station, Ahmedabad for the offences punishable under Ss. 406 , 420 , 465 , 468 , 471 and 114 of the Indian Penal Code and the proceedings initiated in pursuant thereto.

(2.) Learned Senior Counsel Mr. Yogesh S. Lakhani appearing with the learned Advocate Mr. Panam C. Soni for the applicant submitted that the applicant served for only two months, i.e. June and August 2012 as an Agent in Max Life Insurance Company Limited. The applicant was required to work under the instructions of Senior Manager - Mr. Ravi Yashesh Rajput. The necessary procedures which were required to be followed, i.e. medical examination of the person in whose name the Insurance Policy was to be issued was examined by Dr. Anuradha Gupta of 'Acueview Diagnostic' and by the Pathologist - Snehal S. Prajapati, who is the Co-ordinator of the Insurance Company. It is further submitted that the Senior Manager - Mr. Ravi Yashesh Rajput being the Team Leader had asked Hasmukh Maheria to bring customers for the Insurance Policy. Accordingly, two-three customers with necessary identification proof approached the Insurance Company who were Shankarbhai, Paghibhai and Khatraji Velaji Rathod. The Team Leader - Mr. Ravi Yashesh Rajput had filled up all the details in the Form and the first installment of the premium of Rs.48,000.00 was paid by Hasmukh Maheria and Ravi Yashesh Rajput on 17/7/2012 and the form was filled up. Mr. Ravi Yashesh Rajput had taken the signature of the applicant on the Form. It is submitted that the Agent would get the commission on the Insurance Policy issued but as per the present case, when all the details were produced necessary medical documents from Dr. Anuradha Gupta of 'Acueview Diagnostic' as well as MD - Dr. Shastri were attached, with the form signed by the applicant.

(3.) It is submitted that the copy of the Election Card of Khatraji Velaji Rathod was produced with the Form. It is further submitted that during the verification, the applicant was required to see / confirm about the medical check up of the policy holder. Further, the holder had approached the Insurance Company and in the present case, Hasmukh Maheria had brought the customers to Ravi Yashesh Rajput, the Team Leader and the present applicant had put her signature on the Form. It is further submitted that this was done only after proper verification of the medical documents and identification document of applicant accompanying the form.