VIJAY KUSHWAHA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-1-8
HIGH COURT OF UTTARAKHAND
Decided on January 04,2013

Vijay Kushwaha Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) SINCE both are matters are cognate, arising out of same FIR, hence, both the petitions are clubbed and heard together.
(2.) HAVING heard learned counsel for the parties, it transpires that in Dehradun city, South Indian Bank Limited having its head office somewhere in Kerala is operating its Branch. Petitioners Sanjay Minocha and Vijay Kushwaha are two big businessmen and they were having their saving as well as loan accounts in the said bank. Limit of the loan account was Rupees Four Crore for either of the petitioners. The Bank settled such limit after mortgaging the properties of both the petitioners. The facts as have been unfolded before this Court are almost identical, however, figures of the pecuniary amount may differ in either case. During the course of transactions, Mr. Vijay Kushwaha noticed that the amount of Rs. 40,09,000.00 were withdrawn by the Bank to credit such amount in loan Account no. ..... (number was not mentioned). When Mr. Vijay Kushwaha sensed this withdrawal, he inquired from the Bank Manager and other officials time and again, but they could not give any convincing response to Mr. Kushwaha. Since it was a handsome amount, so Mr. Kushwaha was constrained to make a complaint on 18.11.2012 to SHO, Kotwali, Dehradun. It was a detailed complaint having as many as 13 paragraphs wherein a request was made to lodge First Information Report regarding the amount so missing from his saving Bank Account. When SHO did not register the case, then Mr. Kushwaha approached the Senior Superintendent of Police, Dehradun with the same prayer stating the contents, in short, which he disclosed in his earlier complaint to SHO.
(3.) MEANWHILE , Bank Officer in order to meet the trouble half way lodged an FIR dated 23.12.2012, which is impugned in this petition.;


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