Pankaj Naqvi, J. - (1.) Heard Sri Praveen Kumar Singh, learned counsel for the applicant, Sri Swetash Agarwal, holding brief of Sri Mumtaj Ali, for O.P. No.2 and the learned A.G.A.
(2.) This application under Section 482 Cr.P.C has been filed for quashing the proceedings of Case No.113/2015 (State vs. Akanksha Singh), arising out of Case Crime No.146/2014, under Sections 419/420/406 IPC, P.S. Sarnath, Varanasi, pending in the court of Addl. Chief Judicial Magistrate, Varanasi.
(3.) The O.P. No.2 lodged the above FIR against the applicant and co-accused Rajeev Singh Chandel, alleging that while she was in employment in Canada, she had invested around US $ 303,299 in a company styled as "Regan Polard", dealing in the business of diamonds; said investmentS had matured to US $ 762,300; the applicant in order to carry out the transactional modalities, appointed Co-accused Rajeev Singh Chandel, a Canadian national, as her authorized agent, but as the company ran into loss, co-accused Rajeev Singh Chandel without permission and knowledge of the informant, opened an account in his own name and obtained the amount due to the informant from the company in his account to the tune of US $ 1,253,222.85 [(Account No.00414001301) DDA (00414), R.B.C.C Bank, Toronto, Canada and got the same encashed; gradually siphoned it off to his I.C.I.C.I. Bank of Noida (Account No.003101075865); when the informant learnt of the aforesaid fraudulent transaction and siphoning off her amount by Chandel, she initiated proceedings against him before before the Ontario Court of Justice, Canada, wherein the account of Chandel came to be seized, but he with a view to frustrate the order of seizure on 11.10.2012, siphoned off 300000 US $ in his I.C.I.C.I Bank, Noida and in all, US $ 420000, out of which Rs. 1 Crore was fraudulently and as a part of conspiracy, transferred in the I.C.I.C.I account of the applicant at Noida on 10.12.2012 (Account No.03100153000), who later on transferred the same to her I.C.I.C.I Bank at Ghazipur (Account No.090601001148), investing the same in a fixed deposit.;