Decided on October 01,2007

STATE Respondents


PRADEEP NANDRAJOG, J. - (1.) On 27.11.1995, Rajiv Shetty, the petitioner was enlarged on bail till disposal of the complaint filed by Mohan Murti Shandilya, the applicant.
(2.) In his complaint under Sections 156(3) of the Code of Criminal Procedure, it was pleaded by Mohan Murti Shandilya that he was a non-resident Indian based in Singapore and had opened a NRE Saving Account bearing No.6523 with Vijaya Bank, Defence Colony Branch, New Delhi. That Rajiv Shetty, working as a Manager with said bank had induced him to make deposits in the bank. That in the month of April, 1990 when Mohan Murti Shandilya was not in Delhi, Rajiv Shetty went to his house and requested his wife to hand him over a leaf of a cheque to him stating that he, i.e. Rajiv Shetty had talked on this issue with the complainant. That wife of the complainant handed over one leaf of a cheque. That Rajiv Shetty, in fact, wanted a leaf of the cheque pertaining to the NRE account and hence induced his wife, i.e. wife of complainant to hand over a leaf of a cheque pertaining to the NRE account. That utilizing the said cheque, Rajiv Shetty defrauded the complainant. That the accused had falsified the NRE Saving Account 6523.
(3.) While seeking bail Rajiv Shetty relied upon the account opening form and specimen signature card pertaining to a current account No.1571 in the name of a company M/s. Gambro Nexim (India) Medical Ltd and pleaded that the complainant, Mohan Murti Shandilya, and his wife Renu Murti Shandilya had opened the account as directors of the said company. Pertaining to the pleadings with respect to the said current account 1571, Rajiv Shetty placed on record, as Annexure P-1, the photocopy of specimen signature card bearing signatures of Renu Murti Shandilya and Mohan Murti Shandilya.;

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