- (1.) The petition seeks issuance of a writ in the nature of Certiorari quashing First Information Report dated 27-03-2017 bearing Case Crime No. 136 of 2017, under sections 419/420/467/468/471 Indian Penal Code, Police Station-Kotwali Mohanlal Ganj, District-Lucknow.
(2.) Sri Durgendra Kumar Tiwari, Advocate, has put in appearance for Respondent no. 3 and filed Power of Attorney. His Power of Attorney is taken on record.
(3.) Order dated 11th April, 2017, notices gist of the issue raised by the petitioners and reads as under:- "1. This petition seeks issuance of a writ in the nature of certiorari quashing Case Crime No.136/2017 under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali Mohanlalganj, district Lucknow. 2. Gist of the allegation is that the accused went to the jewellery shop to purchase jewellery. Jewellery worth Rs.43,400/- was purchased and a card was swiped. Subsequently, jeweller found that amount had not been credited to the account of jeweller. 3. Contention of learned counsel for the petitioners is that the petitioners had all intentions of making payment and therefore, the card was swiped. The money was debited from the account of the account holder and credited to the account of the jeweller. Subsequently, however, on account of some error, the entry was reversed. 4. Learned counsel for the petitioners contends that petitioners are ready and willing to pay the complainant the amount due. 5. Let the amount due be brought in court by way of a bank draft. 6. Issue notice to serve respondent No.3, returnable on 17.5.2017. 7. Till the next date of listing, petitioners shall not be taken in custody. Petitioners are directed to join investigation. 8. In the meantime, the investigating officer is directed to verify from the bank whether initially money was debited from the account of the accused and credited to the account of the jeweller, or not. It be further verified as to under what circumstances, the entry was reversed. 9. List on 17.5.2017." ;