HIRA LAL SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgment shall dispose of Cr.MP(M) No. 1100 of 2011 and Cr.MP(M) No. 1138 of 2011, both having arisen out of FIR No.177/11 dated 21.8.2011 under Sections 403 and 379 IPC registered at Police Station, Sadar Shimla. Cr.MP(M) No. 1100 of 2011 has been filed by Hira Lal Sharma and Cr.MP(M) No. 1138 of 2011 by Kalpna Sharma. The status report has been filed in Cr. MP(M) No. 1100 of 2011.

(2.) THE petitioners are husband and wife. It has been stated that one Ashok Sood lodged an FIR No. 177/11 dated 21.8.2011 alleging therein that some unknown person had withdrawn money through ATM card from his account. It has been alleged that during investigation it has come that daughter of complainant made a statement before police that she had given loan to her friend Kalpna alias Poonam. It has been stated that daughter of complainant herself had given ATM card to Kalpna alias Poonam for withdrawal of loan amount with the consent of complainant as the security code was with the complainant who authorized the same to be used by his daughter.

(3.) THE complainant demanded exorbitant interest at the rate of 30% on the loan amount and in order to harass the petitioners he has lodged the FIR. The petitioners are innocent. They have been falsely implicated in the case. The complainant is an influential person. The petitioners are ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioners on bail.