LAWS(P&H)-2023-3-12

BRAINS LOGISTICS PVT LTD Vs. AMAN YADAV

Decided On March 09, 2023
Brains Logistics Pvt Ltd Appellant
V/S
Aman Yadav Respondents

JUDGEMENT

(1.) The petitioner seeks initiation of proceedings under Sec. 340 Cr.P.C. read with Sec. 482 Cr.P.C. on the ground that the respondents had committed offences under Ss. 191, 192, 193, 196, 199, 200, 203, 209, 467, 468, 471 read with Sec. 120-B IPC, having furnished a fabricated statement of accounts while filing reply in CRM-M-25759-2021.

(2.) Petitioner has drawn the attention of this Court to affidavit dtd. 16/11/2021 of Sh. Aman Yadav (respondent No.1), Assistant Commissioner of Police, Sadar, Gurugram, filed in CRM-M-25759-2021 and also affidavit dtd. 2/12/2021 of Sh. Maqsood Ahmed, Deputy Commissioner of Police, East, Gurugram, which is accompanied by statement of deposits, which according to petitioner is a fabricated document, whereas the correct statement of accounts in respect of the period in question is Annexure P-12. Petitioner has submitted that as a matter of fact, the complainant managed to get the FIR lodged against the petitioner on the basis of the said forged and fabricated statement and that the said fact was very much in the knowledge of the respondents at the time of filing their reply in CRM-M-25759-2021. The learned counsel for the petitioner, in order to hammer forth his aforesaid submission, has referred to letter dtd. 19/12/2016 sent by SI Suresh Chand to ICICI Bank requesting for the requisite particulars.

(3.) This Court has considered the rival submissions.