RIAZ ABDUL RAZAK ZUNZUNIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER is original accused No. 2 in Criminal Case No. 20658/07 pending before the learned Judicial Magistrate, First Class, Surat arising out of C. R. No. 59/07 dated 7. 2. 07. The petitioner challenges the order dated 30th September 2008 passed by the learned Judicial Magistrate, First Class, Surat below application Ex. 35 as upheld by order dated 24th February 2009 passed by the learned Additional Sessions Judge, Surat in Criminal Revision Application No. 32/09.

(2.) SHORT facts leading to the present petition are as follows:-

(3.) SO far as the present petition is concerned, the same arises out of another complaint bearing C. R. No. 59/07 filed by one Ajay Mohanbhai Lokhandwala (hereinafter to be referred to as 'the complainant') before Salabatpura Police Station, Surat. The complainant in his complaint has made allegations against one Abrar Amin who is accused No. 1 and referred to other responsible officers of the Bank. He has alleged that the said accused committed offences punishable under section 419, 420, 468, 467 and 471 of the Indian Penal Code. During the course of investigation, it was found that the petitioner was also involved in commission of the said offence disclosed by the complainant. A chargesheet has, therefore, been filed against the petitioner as well, showing him as accused No. 2. In the complaint, it is stated, inter alia, that in the name of the complainant, an account was opened in the bank which account the complainant had never sought to open. Through impersonation, some other person posing to be Ajay Mohanbhai Lokhandwala had thus opened a pseudonymous account. Through the said bogus Current A/c. 2458, as per the complainant, transactions of crores of rupees had taken place.