RAJENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) It is a very strange case where two brothers are fighting with each other and are misusing the process of the Court.

(2.) Trilok Singh, the second respondent who is the real brother of the first petitioner Rajendra Singh alleged to have obtained a claim from Insurance Company with respect to accident of his vehicle in 2001 to the tune of Rs.21,836/ -. The said cheque was wrongly credited in the account of petitioner no.2 by mistake as admitted by the Bank. However, as the respondent/complainant -Triloksingh had some grudge, he lodged FIR for offence under Sections 420,467,468,471, 403 and 120 -B of IPC against Rajendra Singh his brother and his wife Indrajeet Kaur after about 5 years of the receipt of the cheque i.e in the year 2006, alleging that the first petitioner got deposited the cheque of Rs.21,836/ - in the account of his wife by manipulation and with wrongful intention to cheat the second respondent.

(3.) Reply also come in the form of letter written by the State Bank of Indore dated 29.04.2006 in which it has been stated that there was some mistake in the deposit of cheque in the account of Indrajeet Kaur. This letter is available in the record of the police. Despite that a challan was filed against the petitioner and his wife for having committed offence under Sections 420,467,468,471, 403 and 120 -B of IPC. 5. Infact the bank even paid a sum of Rs.21,836/ - to Shri Trilok Singh, the complainant as per their letter dated 24.12.2005 The letter is reproduced hereunder: - "Shri Trilok Singh Rajpal, 166, Anurag Nagar, Behind Shalimar Township, Indore 452010 (M.P.) Dear Sir Payment of Cheque no.65739 dated 22/05/2001 With reference to your letter no.0011 dated 07/10/2005 on the above matter, we inform you that the proceeds of cheque no.065739 dt. 22.05.2001 were collected by us as the above cheque was deposited with us for collection. As you have mentioned in your aforesaid letter that no account is held by you with this branch, we enclose herewith cheque no.106216 dt. 24.12.2005 in payment of the proceeds of above cheque collected by us. The inconvenience caused to you in this regard is regretted. Thanking you, Yours faithfully Sign, Chief Manager"