Full Text
CRLM.C. 1644/2012
RAJ KISHORE & ORS Petitioners
Through ; R.P.Bhardwaj, Adv. for petitioner Nos.l and 2.
Mr.Vikas Chopra, Adv. for petitioner No.3/ ING Vysya Bank Ltd.
STATE Respondent
Through : Mr.Navin Sharma, APP for the State.
09.05.2012 Crl.M.A.No.5744/12.
Allowed, subject to all just exceptions.
Cri.M.C.No.1644/12
ORDER
1. This petition is filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.282/11 under Sections 403/420 IPC registered at P.S. South Rohini, New Delhi and consequential proceedings arising therefrom.
2. The facts leading to the registration of the case FIR No.282/11, P.S. South Rohini, New Delhi are that petitioner No.3/Bank lodged a complaint against petitioner Nos:l and 2 of cheating and misappropriation of money. \ 2012:DHC:8340
3. It is stated in the petition that the Banic at the time of malcing rental payment of Rs.2,70,000/- in fayour of M/s.Unity Projects Pvt.Ltd., in Account No.6120111002600 made an erroneous entry and deposited the same in Account No.612011002660, which belonged to petitioner No.l. It is stated that petitioner No.l in connivance with petitioner No.2 withdraw Rs.2,65,000/- and Rs.5,000/- from Account No. 612011002660 on 9'" April and 16'^ April, 2010 respectively, which caused wrongful loss to the Bank. It is further stated that petitioner Nos.l and 2 intentionally misappropriated the money. During the auditing of accounts. Bank came to know regarding this erroneous entry in June, 2010. The Bank approached petitioner Nos.l and 2 for refund of Rs.2,70,000/-. Petitioner Nos.l and 2 admitted their guilt and assured the Bank that they will refund the money back but failed to do so, which led to the registration of FIR No.282/2011.
4. It is stated that during the course of bail proceedings, before w, learned Additional SessionsJudge, Rohini Courts, Delhi, the matter was amicably settled. Petitioner/Raj Kishore paid Rs.2,30,000/- vide two Bankers' cheque and for the balance sum of Rs.40,000/- given his authorization letter to the Bank for debiting the same from his bank account. It was also agreed between the parties that petiti[6],ner No.l would pay a sum of Rs.50,000/- at the time, of quashing of FIR, to compensate the Bank for the loss caused to it.
5. Learned counsel for the petitioners submits that the matter in dispute has been amicably settled and no purpose would be served In prosecuting the petitioner Nos.l and 2, therefore, the FIR may be quashed.
6. Counsel for petitioner No.3/Bank also affirms that, as per the settlement, Bank has received a sum of Rs.2,70,000/- on 16^" April, 2012 and Rs.50,000/- today in Court vide Banker's cheque No.040565 dated 2"'' May, 2012 drawn on Bharati Sahakari Bank Limited in full and final settlement from petitioner Nos.l and 2. and Bank is not interested in prosecuting petitioner Nos.l and 2. He submits that the said FIR and all proceedings emanating therefrom may be quashed.
7. In view of the aforesaid amicable settlement arrived at between the parties, Iam of the considered view that no useful purpose would be served by continuing the criminal proceedings against the petitioner Nos.l and 2, which will only be an exercise in futile and wastage of precious time of the Court.
8. Accordingly, the petition is allowed and FIR No.282/11 under Section 403/420 IPC P.S. South Rohini, New Delhi and all the proceedings arising therefrom are hereby quashed.
9. Dasti. MAY 09, 2012 'aka' £ TIBHA