NARESH KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Crm No.56546 of 2012

(2.) Prayer in this revision petition is for setting-aside the impugned order dated 05.05.2012 passed by the trial Court vide which charges were framed against the petitioner under Sections 420, 467, 468 and 471 of the Indian Penal Code (in short 'IPC') in FIR No.50 dated 04.02009 registered under Sections 406, 420, 267, 468, 471 and 120- B IPC at Police Station Division No.4, District Jalandhar.

(3.) Brief facts of the case are that the petitioner Naresh Kumar while working as a LIC agent, was holding S.A.S. Postal Agency. The petitioner as an agent of one late Sh. Dev Raj Bhatia, father of the complainant used to help him. The complainant Kamlesh Bhatia was holding joint account with Dev Raj Bhatia in the post office in different accounts and on 04.06.2003, the petitioner on instructions from late Sh. Dev Raj Bhatia helped him in withdrawing the amount from the joint account of the complainant and her father and a total amount of Rs.3,98,000/- was withdrawn prematurely. The account held by the complainant along with her father was MIS account which could be closed prematurely on the asking of the account-holder and could be operated on either or survivor basis. Late Sh. Dev Raj Bhatia was the first holder of all the MIS accounts. It is further the case of the complainant that after withdrawal of the aforesaid amount, the petitioner as an agent reinvested the same by opening new MIS accounts in the name of her late father namely Sh. Dev Raj Bhatia and three real brothers namely Subhash Bhatia, Jatinder Kumar Bhatia and Vinod Bhatia and in total, as against Rs.3,98,000/- withdrawn on behalf of late Sh. Dev Raj Bhatia, an amount of Rs.4,07,000/- was reinvested.