Yawar Javed vs State of U.P.

Hon''ble Kalimullah Khan, J.—Heard Learned Counsel for the applicant, learned A.G.A. for the State and perused the record. Complainant Raj Kumar, Senior Manager, Punjab National Bank,Branch Nagina District Bijnor has lodged a first information report against the two named accused persons including the applicant regarding the cheating and fraud and also usurping Rs. 48 lakhs from the account of M/s Triveni Engineering and Industries Milak Narayanpur by making interpolations in the cheque issued by the aforesaid firm valuing Rs. 550/- only. The interpolation was made to the effect that the aforesaid amount was to be read as Rs. 48 lakhs. The cheque was deposited in the account of M/s A.K. Enterprises through its sole owner Jakir Ali, named coaccused. The cheque was encashed in his account lying in the bank on 17.6.2011 and the same day Rs. 15 lakhs were returned from the account of Jakir Ali aforesaid. However, Rs. 33 lakhs were re-deposited in the account of M/s Triveni Engineering and Industries Milak Narayanpur, Rampur on his complaint against the incident of fraud.

According to the prosecution present accused-applicant was seen in the bank through out with the cashier and manager of the bank during the period of deposit and withdrawal ofthe aforesaid amount Apart from it, there is evidence collected to the effect that two persons who carried the said Rs. 15 lakhs from the bank were accompanied by the present applicant on the one and the same motor cycle.

It is contended by the Learned Counsel for the applicant that the applicant is in jail since 28.6.2011. The offences are triable by court of learned Magistrate and neither the cheque valuing Rs. 48 lakhs or Rs. 550/- was ever issued by M/s M/s Triveni Engineering and Industries Milak Narayanpur in his favour nor he deposited the same in his own account lying in the same bank nor he deposited the said cheque in the account of Jakir ali, nor he withdrew Rs. 15 lakhs from the account of Jakir Ali and he never accompanied two coaccused persons with whom the applicant was seen carrying Rs. 15 lakhs out side the bank.

Per contra, the learned A.G.A. has opposed the bail of the applicant and has stated that it is wrong to say that the said cheque claiming Rs. 48 lakhs was not deposited by the applicant in the bank. There is a clear evidence of Deputy Manager Ram Pal Singh that it was the present accused-applicant who had given the said cheque of Rs. 48 lakhs to the Manager of the bank Ram Kumar, co-accused and not only this, the prosecution witness Ram Pal apprise Ram Kumar Manager about the doubtfulness of genuineness of the cheque even then that was ignored and the cheque was allowed to be deposited in the account of Jakir Ali. Likewise, there was evidence of Brahm Swaroop computer operator, sitting besides the Deputy Manager Ram Pal that the present accused-applicant was seen in the Bank premises on 17.6.2011 i.e. the date on which cheque of Rs. 15 lakhs was encashed from the account of Jakir Ali, co-accused.

He further submitted that the cheque valuing Rs. 48 lakhs was deposited on 17.6.2011 and on the same day withdrawal of Rs. 15 lakhs was taken by the applicant form the account of Jakir Ali, therefore, the active participation and connivance of the applicant with main accused Jakir Ali and the bank officials, dealing with the cheque and cash cannot be ruled out at this stage. No case for bail is made out. Bail application of the applicant stands rejected.