Madhya Pradesh High Court
Reya Ravi Teja vs The State Of Madhya Pradesh on 28 October, 2021
Author: Shailendra Shukla
Bench: Shailendra Shukla
1 MCRC-49754-2021
The High Court Of Madhya Pradesh
MCRC-49754-2021
(REYA RAVI TEJA Vs THE STATE OF MADHYA PRADESH) 2 Indore, Dated : 28-10-2021 Shri Govind Pal Singh Songara, learned counsel for the applicant. Shri Sameer Verma, learned Panel Lawyer appearing on behalf of Advocate General/State.
Submissions were made on this application filed under Section 439 of Cr.P.C.
As per prosecution story, Rs.19 lacs were surreptitiously withdrawn by unscrupulous elements from the accounts of complainants namely Dr. Laxminarayan Vyas and Dr. Prabha Vyas both who are aged about 75 years. The aforesaid amount which was deposited in the accounts of both the persons were withdrawn by cyber fraud. As far as the present applicant is concerned, the accusation against him is that he had provided his account number to main accused Kamal Chelani who had misused his passbook and account and the modus operandi was that the amount deceitfully withdrawn would be deposited by Kamal Chelani in the account of present applicant and another co-accused namely Lokesh and subsequently, the amount would be withdrawn by Kamal Chelani who has not been apprehended so far.
Learned counsel for the applicant submits that the applicant himself was employee of Kamal Chelani and Kamal Chelani had got the account opened in the name of present applicant in the bank and had take all bank documents of the applicant with himself telling applicant that the applicant is illiterate and he does not know how to operate the bank account.
Learned counsel for the applicant further submits that the applicant has been made scapegoat. He is not at all involved in any offence committed by Kamal Chelani and charge-sheet has already been filed against the applicant.
Learned counsel for the State was also heard who has submitted that Signature Not VerifiedDigitally signed by SAN AMIT KUMAR the applicant was part of the conspiracy hatched by main accused Kamal Date: 2021.10.30 11:30:56 IST 2 MCRC-49754-2021 Chelani who is still absconding and the present applicant is also native of State of Chhatisgarh from where Kamal Chelani also belongs and if bail is granted to the applicant, there is every chance of absconsion of applicant.
Considered.
During the course of hearing, this Court had raised a query as to what was the modus operandi of the offence and how the amount deposited in the bank could have been withdrawn by the accused persons without the account holders knowledge about the same?
For answering this question, it was important to consider as to what the concerned Bank employee/Manager have stated because they were the only persons who could have reflected on the modus operandi.
Learned counsel for the State however has submitted that no such statements of concerned bank officers/employees have been recorded. The query of this Court thus remains unanswered.
Let the Investigating Officer remain present on the next date of hearing to explain modus operandi.
Matter be listed on 11.11.2021.
(SHAILENDRA SHUKLA)
JUDGE
amit
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN AMIT KUMAR
Date: 2021.10.30
11:30:56 IST