SYED TANVEER HASSAN @ SYED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Cr. Revision is directed against the order impugned dated 6.8.2008 by which the petition filed on behalf of the petitioner for his discharge arising out of Chutia P.S. Case No. 62 of 2006 corresponding to G.R. No: 2358 of 2006 in T.R. No. 135 of 2008 under Section 239 of the Code of Criminal Procedure was rejected by Shri Diwakar Pandey, Judicial Magistrate, 1st Class, Ranchi for the alleged offence under Sections 419/420/406 of the Indian Penal Code.

(2.) A notice was duly served upon the informant-O.P. No. 2 but she did not prefer to enter appearance in the Cr. Revision.

(3.) The informant-O.P. No. 2 by presenting a written report before the Doranda police, Ranchi alleged, inter alia, that when she had been to Delhi with her son V.Chandan Kumar for his admission in M.B.A. course, she came across the petitioner Syed Tanveer Hassan @ Syed Tanveer who introduced himself as a person having political influence and impressed upon her that he would get her son admitted in XLRI, Jamshedpur on payment of Rs. 4 lakhs. Having been impressed by such persuasion the informant O.P. No. 2 paid a sum of Rs. 4 lakhs to the petitioner at Hotel Sai Heritage, Ranchi and in lieu of that the petitioner issued receipt with the revenue stamp and also issued post dated cheques of his account No. 3271 of Doranda Branch of Canera Bank as security in case he could not be able to get her son admitted in the said institution. After 10 days he sent a copy of the letter addressed by one Vijendra Singh, Secretary, Human Resources Development to the Director of XLRI, Jamshedpur for admission of her son in XLRI with the copies of two money receipts total amounting to Rs. 1,13,000/-. On the next date when she contacted the Director Casmir Raj on telephone by giving the reference to the. said letter received through fax, she came to learn that the letter was fake. A copy of subsequent letter which was addressed to the Secretary, XLRI was again sent to the informant which was also found to be fake. The informant then contacted the authorities of XLRI and presented the letters before them but the authorities denied having received any such letter. The post dated cheques which were issued by the petitioner when presented before the Allahabad Bank the same were returned unpaid with the endorsement 'insufficient fund' and being by the criminal act she presented the written report for institution of F.I.R, against the petitioner. The written report presented by the informant-O.P.No. 2 before Doranda Police was forwarded to the Officer-in-Charge, Chutia Police Station and accordingly Chutia P.S. Case No.62 of 2006 was registered on 11.7.2006.