Decided on October 01,2012

Shailendra Singh Negi, Virendra Rawat Appellant
State of Uttarakhand and another Respondents


- (1.) Having heard learned counsel for the parties, it appears that the petitioners have been summoned by learned Magistrate to stand trial for various offences of Indian Penal Code vide order dated 3.3.2011 passed in criminal complaint case no.2373 of 2011 (old no.3207 of 2010). The complaint was instituted by Surendra Kumar Basra, herein private respondent no.2, on 13.4.2010 against six accused persons, out of whom, first was Ajit Patel, whereas second was his wife Smt. Rekha Patel, who were the close relatives of Mr. Basra. Both of them have been shown to be residents of State of Orissa, whereas other accused persons have been shown as the residents of Dehradun city.
(2.) The facts, as averred in the complaint are in detail, but in nutshell, the crux of the entire complaint is that Ms. Rekha Patel was the younger sister-in-law of Mr. Basra. In the year 2004-2005, she came at the residence of Mr. Basra with Mr. Ajit and expressed her intention to marry with the latter. She further disclosed that her parents were not cooperating to this relationship, so Mr. Basra and his wife were instrumental in the solemnization of marriage and as a good gesture to their relatives, the complainant offered the first floor of his own residence to abode Mr. and Mrs. Patel. Now, Patel duo started the business of share trading and allured the nearby shopkeepers to invest money therein since they had the long experience in that business. Several persons of the nearby vicinity placed their trust upon Mr. Ajit Patel and his wife because now they were the close relatives of Mr. Surendra Kumar Basra, who was a local shopkeeper and residing in that vicinity for last many years. This way, lakhs of rupees were invested by numerous persons on the invitation of Mr. Ajit Patel in the share market. After a couple of years, when this share market witnessed a major downfall, all the investors, being apprehended regarding safety of their money, began to demand the same from Mr. Ajit Patel and his wife. In these circumstances, Patel duo eloped in the intervening night of 1/2.2.2009 from the complainant's residence and since then their whereabouts are not known.
(3.) All the investors now approached Mr. Basra demanding their money back. It is yet to be adjudicated by the court of concerned Magistrate whether the complainant, in order to pacify the investors, issued the bank cheques to meet the demand of their investments or those were issued by Mr. Ajit Patel before leaving Dehradun, after stealing the same from the cheque book of Mr. Basra.;

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