NITTIN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) F.I.R. No. 209 dated 10.8.1999 has been registered at Police Station Madlauda under Sec. 419, 420, 467, 468, 471, 380, 120-B, 408 and 255 I.P.C. on the application filed by State Bank of India, Bahali Panipat Refinery Branch, wherein the following material allegations have been made. In Oct. 1994 M/S Kohinoor Construction Company, a partnership firm consisting of partners Shiv Kumar and T.C. Arora, opened a current account (No.98). The firm continued to operate the account till middle of 1995 and thereafter the account became dormant. On 14.10.1996 a cheque book was issued from the bank in respect of that account consisting of 100 cheques (bearing No. B. 40/100 225400-500). This cheque book was got issued with the intention to cheat as the account has become dormant. The unknown accused used seven cheque leaves from this cheque book for fabricated collection in order to cause wrongful loss to the bank by hatching a criminal conspiracy. They have stamped these seven cheques as G.T. Road, Panipat Branch, forged the cheques, as if issued by I.O.C. Refinery and also made fabricated stamp of I.O.C. Refinery. They have forged the signatures of the Officers of the I.O.C. Refinery on these cheques, deposited these cheques on seven different dates in Baholi Branch, in the account of M/s Kohinoor Construction Company. As per procedure the bank sent these cheques on different dated for collection to its G.T. Road Panipat Branch, where it was to be verified as to whether these cheques are original whether any amount is available in the account of the person who issued the cheques. These accused did not allow these cheques to reach the G.T. Road Branch by intercepting them on the way, prepared a false credit advice and sent them back to Baholi Branch, on the basis of which the amount was credited in the Current Account No. 98 of M/s Kohinoor Construction Company on different dates. The amount credited accordingly was Rs. 9,88,090.00. All these seven cheques were from the above mentioned cheque book. The above said amount of Rs. 9,88,090.00 was withdrawn on different dates from Baholi Branch of the Bank on 15.11.1996 to 5.4.1997 under eight cheques which also came from the same cheque book mentioned above. The forged signatures on these cheques too do not tally with the signatures of Shiv Kumar and T.C. Arora, partners of M/s Kohinoor Construction.

(2.) Petitioner approached the Judicial Magistrate 1st Class Panipat for bail, but his application was dismissed by the Judicial Magistrate, 1st Class, Panipat. The petitioner had approached the Sessions Court, Panipat also for bail, but the learned Additional Sessions Judge, Panipat, also dismissed the same. Therefore, the petitioner has approached this Court for bail under Sec. 439 Crimial P.C.

(3.) I have heard the counsel for both the sides and perused the records on file.