- (1.) The contour of the facts & material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record is that, Inderjit Anand (accused) husband of the petitioner, was having a joint account along with his son Navil Anand and brother Harish Kumar Anand, in Punjab National Bank, Barewal Road, Ludhiana. On 22.02.2012, he presented a fake account payee cheque, bearing No.FAK-947271 dated 14.02.2012, for a sum of Rs.1,07,12,500/- in his joint account, purported to have been issued by M/s Nirmal Darbar, out of its current account. Accordingly, the said amount was credited in his (Inderjit Anand) joint account. Thereafter, within a period of two days, accused Inderjit Anand has withdrawn the entire amount of Rs.1,06,50,000/- from the said Bank account by different modes of withdrawal mentioned therein in the final police report.
(2.) Sequelly, M/s Nirmal Darbar informed its Bank that they have not issued any such cheque and the amount of Rs.1,07,12,500/- has been wrongly debited from their bank account. The prosecution claimed that, on comparison of both the cheques, it revealed that the cheque submitted by accused-Inderjit Anand was fake and he has illegally and fraudulently withdrawn the amount of Rs.1,06,50,000/- in this respect.
(3.) During the course of investigation, it revealed that the impugned fake cheque prepared by Dheeraj Walia, co-accused (since declared proclaimed offender) was handed over to accused-Sudhir Sayal, for its presentation in his bank account. He (accused Sudhir Sayal) further handed over the indicated cheque to his other co-accused Krishan Kumar Gupta, for its presentation in his bank account. Accused Krishan Kumar Gupta again handed over that fake cheque to other co-accusedUpesh Kumar Gupta, for its presentation in his bank account, for the reasons best known to them. Ultimately, he (accused-Upesh Kumar Gupta) further handed over that cheque to his co-accused Inderjit Anand, who actually presented the fake cheque in his account and fraudulently withdrew an amount of Rs.1,06,50,000/- within a period of two days, in order to cheat the bank. There are specific allegations that subsequently, all the accused have divided the fraudulently withdrawn impugned amount amongst themselves.;