VIJAY KUSHWAHA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) SINCE both are matters are cognate, arising out of same FIR, hence, both the petitions are clubbed and heard
(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
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Rs. 40,09,000.00 were withdrawn by the Bank to credit such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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