DHEERAJ CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner who happened to be the Head Credit Cards and Personal loans Consumer Banking, ABN Amro Bank, N. V. and posted at Gurgaon, haryana moved this Court for quashing of a First Information Report registered at Bidhannagar (East) Police Station relating to the offences punishable under sections 420/467/468/471/477a/506/120b of the Indian Penal Code on the ground that the allegations made in the FIR does not disclose commission of an offence far less anything as against the present petitioner.

(2.) IT is not the law that no FIR can be quashed even when on the face of the allegations contained therein no offence is made out. When court finds that the allegations made in the FIR does not disclose commission of a cognizable offence and the allegations made therein at best may raise a civil dispute and still after sufficient progress of the investigation no materials have been collected against a person arraigned as an accused in the case there is no legal bar for high Court in exercise of its inherent jurisdiction to quash the impugned FIR. In such a situation the investigation has not been ended is no ground for refusing to interfere in the matter. I have very carefully gone through the impugned First information Report as well as the Case Diary containing the statement recorded under Section 161 of the Code of Criminal Procedure and various other documents seized in connection with the case. I find it is the categoric case of the complainant that he being induced by the agent of ABN Amro Bank applied for Freedom Credit Card and submitted his application. Thereafter, the credit card was issued and for the first time in September, 2006 the complainant used the card and within due dates paid the dues but no receipt was issued by the bank. In the month of November, 2006 the complainant received a statement of account wherefrom it appears that such Credit Card has been made invalid and there was a net overcharge of Rs. 577. 10. The complainant immediately contacted the bank but there was no response. Thereafter, bank issued a wrong account statement on an unidentifiable Smart Gold Card with different account number and the said Smart Gold Card statement recorded an expense of Rs. 2,000/- towards upgrade fee debit. When the complainant on enquiry came to learn that his Freedom Card has been converted to Smart Gold Card but before activating the new card no consent was obtained from him. Subsequently, the complainant found an unsolicited Smart Gold Card with an undated covering letter of one Dhiraj Chowdhury. He further found from the said letter that the said Smart Card was issued at a discounted fee and in a de-activated form. Subsequently, bank without obtaining his consent activated the Smart Gold card. The complainant at once lodged a complaint to the bank against such upgradation and for restoration of his original Freedom Credit Card. In the meantime the complainant received the account statement dated 17. 12. 2006 in connection with the Smart Gold Card, wherefrom it appears that bank neutralize the credit limit to render the card unusable although the complainant never signed on the unsolicited card or used it. According to the complainant, the accused nos. 1 and 2 with intend to defraud the complainant altered and mutilated the Freedom Card by upgrading the same to a Smart Gold Card which the complainant was not possessing at that time and thereby committed an offence under Section 477a of the Indian Penal Code for falsification of the account. Thereafter, several letters were sent to the Bank but the Bank did not respond on the plea that the Freedom Card Account has been de-activated. The bank cheated the complainant on the upgrading of a non-existing Smart Gold card by upgrading no facility but at the same time by upgrading the complainants liabilities by at least Rs. 2,000/ -. The accused nos. 2 and 3 being in authority committed the offence punishable under Sections 420/467/468/471/120b of the Indian Penal Code.

(3.) THUS precisely it is the case of the complainant that he was overcharged by Rs. 577. 10 as processing fee and thus the actual debit account of rs. 37826. 56 increased to Rs. 38405. 66 and an account statement was issued charging Rs. 2,000/- as a charge for up-gradation. It is the further case of the complainant, in the meantime the complainant received a legal notice from the advocate of the bank demanding immediate payment of Rs. 47997. 01 on account of availing the credit facilities by using the said Smart Gold Card in question.