Delhi District Court
State vs Kaushal Kumar Etc on 4 March, 2025
IN THE COURT OF RISHABH KAPOOR, JUDICIAL
MAGISTRATE FIRST CLASS -05 SOUTH WEST DISTRICT,
DWARKA COURTS: DELHI
Digitally
signed by
RISHABH
RISHABH KAPOOR
KAPOOR Date:
2025.03.04
03:31:33
+0100
State Vs. : Kaushal Kumar and Others
FIR No : 374/14
U/s : 467/468/471/420/511 IPC
P.S. : Vikas Puri
JUDGMENT:
1. Criminal Case No. : 430017/16 2. Date of commission of offence : 27.08.2014 3. Date of institution of the case : 20.05.2016 4. Name of the complainant : State
5. Name and parentage of accused :(i) Kaushal Kumar s/o Late Laxmi Narayan
(ii) Kanchan Kumar s/o Sh.
Shankar Lal
(iii) Vipul Oberoi s/o Sh.
Kailash Chander.
6. Offense complained or proved : U/s 420/511/34 and 471/34IPC
7. Plea of the accused : Pleaded not guilty
8. Date on which order was reserved: 11.02.2025
9. Final order : Acquitted
10. Date of final order : 04.03.2025
1. The accused persons are facing trial for the offences u/s State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 1 420/511/34 and Section 471/34 IPC. The genesis of the prosecution story is that on 28.08.2014 the complaints were filed by Branch Manager PNB Sector-22, Dwarka and Sh. Dinesh Gaba Authorized Signatory of Gaba Overseas Pvt. Ltd regarding the fraud and attempted cheating by some unknown persons. Similarly, on 30.08.2014 a complaint was filed by one Ram Niwas, Authorized Signatory of Shiksha Evam Sanskriti Vikas Samiti regarding dubious activities in the account maintained by the society with PNB Sector -22 Dwarka. Thereafter, the inquiry was initiated and the Branch Manager of PNB was asked to provide the relevant CCTV Footage. During course of inquiry, the canteen boy of the bank namely, Surender Kumar @ Bintu informed the police that at the time of lunch break, one person around 50-60 years of age came in the bank and asked that where he can deposit a cheque of Rs. 1,51,51,000/- and such person was also identified in the CCTV footage by the aforesaid Surender Kumar. It was also found that one cheque no. 821411 was issued by Gaba Overseas Pvt Ltd. in favour of Bombay Paints and Hardware Stores for an amount of Rs. 41,030/- dated 21.07.2014 and upon inquiry, the unauthorized transaction in the bank account of the Gaba Overseas was found, for which the present case FIR came to be registered. During investigation, the Director/ Authorized Signatory of Gaba Overseas namely, Dhruv Gaba was examined by the police and he disclosed that his company was having bank account no. 3272008700002724 at PNB Jatal Road, Panipat, Haryana and on 27.08.2014 at around 4:00 PM, he received a call from PNB Sector -22 Dwarka that State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 2 one cheque no. 821411 of Rs. 1,51,51,000/- pertaining to his account has come for clearing, when in fact such cheque was never issued by the company and rather the cheque of same number for an amount of Rs. 41,030/- was issued in favour of Bombay Paints and Hardware Stores which was already encashed in favour of aforenamed payee. During the investigation, it was found that the cheque number 821411 pertaining to Gaba Overseas was cloned by someone for misusing the same and after seizure of both the original as well as cloned cheques, the investigation proceeded further. The CCTV footage pertaining to PNB Bank Sector-22 Dwarka was also seized and on 21.09.2014, an information was received from Anti Robbery Cell Crime Branch Chanakya Puri that the persons namely, Kaushal Kumar, Vipul Oberoi and Pancham Kumar were arrested in a Kalandara u/s 41.1(c) Cr. PC. Thereafter, IO SI P. R. Hudda formally arrested the afore-named accused persons in the present case after obtaining permission from concerned court. The PC remand of accused persons was also obtained and their disclosure statements were recorded. The specimen handwriting samples of accused Vipul Oberoi were also obtained and were sent to FSL along with the impugned cheque in question. Thereafter, the FSL result was received and during investigation, it was also found that the allegedly cloned cheque pertained phone number of one Dinesh Bhadana on its back side and upon being contacted, the afore- named Dinesh Bhadana disclosed that one of his known person namely, Prem Singh Gosain asked him that someone was State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 3 interested in donating money in some trust or NGO and he was told about Shiksha Evam Sanskriti Vikas Samiti, the name of which was suggested by his lawyer Anuj Chauhan. Thereafter, the above-named Prem Singh Gosain was also examined and he disclosed that in February-March 2014, one of his known person Shyam Lal asked him about some trust or NGO who accepts donation as some company wanted to donate Rs. 2-3 lacs and said information was shared by him with Dinesh Bhadana who disclosed the name of NGO Shiksha Evam Sanskriti Vikas Samiti. The above-named Shyam Lal was thereafter examined by the police and he disclosed that he was introduced by one of his known person to accused Kaushal Kumar as a retired bank manager and the above-named accused asked him that he knew a company with KYC which wanted to donate Rs. 2-3 lacs and he got the information about NGO Shiksha Evam Sanskriti Vikas Samiti from Prem Singh Gosain which was informed to accused Kaushal Kumar through SMS. During the course of investigation, the above-named advocate Anuj Chauhan was also associated in the investigation and he corroborated the version of Dinesh Badhana. The authorized signatory of NGO SHiksha Evam SanskrIti Vikas Samiti was namely, Ram Nivas was also examined during investigation and he disclosed that the accused persons are not known to him in any manner. The complicity of one of the accused namely, Gagan was also found in the alleged offences but he remained untraceable despite the efforts made by the police after the completion of investigation, the present charge sheet was filed for conducting trial of accused State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 4 persons for offences u/s 467/468/471/34 IPC.
2. After taking cognizance of the offences, the presence of the accused persons was obtained through instrumentality of Court and in compliance of provisions of section 207 Cr.P.C., copy of chargesheet and documents were supplied to accused persons. Arguments on charges were heard and initially vide order dated 03.09.2016, charges for offences u/s 420/511/34 IPC and section 471 /34 IPC were framed against accused persons namely, Kaushal Kumar, Pancham Kumar and Vipul Oberoi. The accused persons pleaded not guilty and claimed trial. Thereafter, the prosecution evidence began.
3. In order to establish guilt of the accused persons, prosecution has examined 12 witnesses in all. After prosecution evidence, statements of accused persons u/s 313 Cr.P.C. were recorded wherein all the incriminating circumstances were put to accused persons. The accused persons did not opt to lead evidence in their defence. Final arguments were heard.
4. I have heard the rival contentions advanced on behalf of the prosecution and defence and have also gone through the case file carefully.
5. The allegations leveled against all the accused persons are that on 27.08.2014 at about 3:00 PM, at PNB Sector-22 Dwarka Delhi, all the accused persons in furtherance of common State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 5 intention of each other attempted to cheat the aforenamed bank i.e. PNB by dishonestly submitting forged cheque bearing no. 821411 amounting Rs. 1,51,51,000/-. The allegations are also to the extent that the accused persons in furtherance of common intention of each other used the aforesaid forged cheque as genuine one knowing or having reason to believe that it was a forged document thereby constituting offences u/s 420 /511/34 IPC and 471/34 IPC.
6. It has been contended by Ld. APP for the State that the prosecution has established beyond all reasonable doubts that accused persons in furtherance of common intention of each other have attempted to cheat PNB as well as the company namely, Gaba Overseas and NGO Shiksha Evam Sanskriti Vikas Samiti by attempting to misuse the forged cheque no. 821411 amounting Rs. 1,51,51,000/- pertaining to the bank account of Gaba Overseas Pvt. Ltd. Company and have committed offences punishable u/s u/s 420 /511/34 IPC and 471/34 IPC. Ld. APP for State further submits that the accused persons deserves to be convicted for the alleged offences.
7. Per contra, Ld. Defence Counsels have argued that the accused persons have been falsely implicated in the present case. It has also been argued that there is no evidence on record establishing the fact that the allegedly cloned cheque pertaining to Gaba Overseas Company was either attempted to be misused by accused persons or that they prepared / cloned the same so State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 6 as to cheat the Bank, Gaba Overseas or NGO. It has also been argued that there also exists material contradictions in the version of prosecution witnesses, hence, accused persons deserves to be acquitted for the alleged offences.
8. Prior to delving into the merits of the present case, let us briefly discuss the testimonies of material prosecution witnesses, in brief.
9. PW-1 Suresh Kumar Batra is the Deputy General Manager from PNB. He has identified the original cheque bearing no. 821411 drawn on PNB Branch RCC Panipat Haryana for a sum of Rs. 41,030 which is Ex. PW 1/A. PW-2 Ms. Veena Rani is Branch Manager PNB Sector-22 Dwarka. She also identified the alleged cloned cheque bearing no. 821411 dated 27.08.2014 drawn on PNB RCC Panipat Haryana for sum of Rs. 151, 51,000/- in the account of Shiksha Evam Sanskriti Vikas Samiti which is Ex. PW 2/A. PW-3 Sh. Vikram is the then Ld. MM who deposed that on 22.09.2014, an application for taking the specimen signatures of accused Vipul Oberoi was marked to him by Ld. ACMM and after obtaining the consent of accused, he took the specimen handwriting/signatures of accused Vipul Oberoi which are Ex. PW 3/A (Colly.) and order Ex. PW 3/B was passed in that regard.
PW-4 Ram Niwas Kumar is the official from NGO Shiksha Evam Sanskriti Vikas Samiti and he deposed that the NGO received RTGs amount from a company but same could not be State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 7 disbursed and thereafter, the amount from NGO paid to its volunteers bounced back. He further deposed that he thereafter approached the bank and found an unusual transaction was made in the account of NGO because of which same was suspended and then he approached PS Dwarka Sector-23 and lodged the formal complaint.
PW-5 Surender is the canteen boy from PNB Sector-22 Dwarka. He deposed that on 27.08.2014 at around 3:00 - 3:30 PM he was sitting at the main gate of the bank near the token machine and one man of around 50-55 years of age came to him and asked about a cheque which he was having. The said person asked him that how will he secure the payment of cheque and thereafter he was sent to counter no. 4 of the bank for payment. He deposed that he cannot identify the person who came to him due to lapse of time. Thereafter, he was cross examined by Ld. APP for the state and during such examination, he failed to identify accused Kaushal Kumar as the same person who came to him with such query. He also failed to identify the allegedly cloned cheque Ex. PW 2/A. PW-6 Dinesh deposed that he met person namely, Prem Singh Gosain in relation to property dealing transaction and around 5-6 years back, Prem Singh Gosain asked him about some NGO which can receive donation and since he was knowing an advocate Anuj Chauhan who was also the advocate of NGO, Prem Singh was asked to contact him. Thereafter, a meeting was arranged between Prem Singh Gosain and Anuj Chauhan and Anuj Chauhan provided number of NGO Shiksha State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 8 Evam Sanskriti Vikas Samiti. He could not state about the amount of donation money. He further deposed that Prem Singh was saying about the deposit of 4-5 lacs in the NGO and after some time, he received pHone call from PNB Dwarka Branch and asking him that he had deposited the cheque of Rs. 1.5 crore which was denied by him. He deposed that thereafter he received call from PS Dwarka Sector -23 about the incident and his statement was recorded. He was also cross examined by Ld. APP for State and during such examination, he stated that he contacted Prem Singh around 1-1 ½ and half month before the date of incident. During his cross examination by Ld. Defence Counsel, he stated that the meeting between Prem Singh and Advocate Anuj Chauhan was convened by him at the office of Anuj Chauhan at Bengali Market.
PW-7 ASI Ramesh Kumar deposed that on 20.09.2014, he received a secret information regarding persons involved in the activity of cheque cloning, thereafter pursuant to the directions of his senior officials, a raiding team comprising him, SI Data Ram, HC Hanuman, HC Satender, Ct. Virender, Ct. Parminder and Ct. Dinesh along with Secret informer went to the spot at near Dwarka More and public persons were asked to join the proceedings but none agreed. Thereafter, on pointing out by secret informer, accused Vipul Oberoi was identified as the person engaged in cheque cloning activity and in the meanwhile, two persons came there and all the said three persons were apprehended. Thereafter, accused Vipul Oberoi upon his interrogation admitted about deposit of cheque of Rs. 1.51 crore State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 9 in PNB of the account of some Gaba after that it was transpired that the case FIR in that regard was already registered. Thereafter, the disclosure statement of accused persons were Ex. PW 7/A to Ex. PW 7/C were recorded. The DD no. 8 dated 20.09.2014 regarding the information received from the secret informer and subsequent departure to spot is Ex. PW 7/D. The DD no. 11 dated 20.09.2014 in relation to arrival and arrest of accused persons is Ex. PW 7/E. The arrest memos and personal search memos of accused persons are Ex. PW 7/F to Ex. PW 7/K. The kalandara u/s 41.1A Cr. PC of proceedings vide DD no. 11 is Ex. PW 7/L. During his cross examination, he stated that no documents were provided by the secret informer. He admitted that the place of recovery is a public place but the public persons did not join investigation citing their own reasons.
PW-8 Anuj Chauhan deposed that Dinesh Badhana was his client and in the year 2013, he asked that some NGO wanted to donate Rs. 2-3 lacs in NGO and asked about the name of any suitable NGO. He deposed that since he was also advocate for NGO Shiksha Evam Sanskriti Vikas Samiti, the name of said NGO was suggested by him.
PW-9 Dhruv Gaba is the director/authorized signatory of Gaba Overseas Pvt ltd. He deposed that in the year 2014, he received phone call from PNB Dwarka Branch regarding cheque no. 821411 amounting Rs. 1.5 crores and the above said cheque was already issued by him which is Ex. PW 1/A bearing his signatures as authorized signatory. He further deposed that the false cheque Ex. PW 2/A was never issued by Gaba State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 10 Overseas Pvt. Ltd. nor same bears his signatures. He deposed that the cheque Ex. PW 2/A is having two signatures and same are forged. He deposed that the original cheque bearing no. 821411 was issued in favour of Bombay Paint and Hardware Stores which was already cleared. He also produced the original cheque book containing the carbon copies of cheques starting from no. 821401 to 821450 and the copy of cheque no. 821411 was Ex. PW 9/A. He deposed that the complaint was filed by him at Dwarka PS and two other cheques of his company were also forged for which complaints were filed by him at PS Pahar Ganj and PS Rajouri Garden. He deposed that his statement Ex. PW 9/B was also recorded by police. During his cross- examination, he deposed that the call was received from PNB regarding the unauthorized transaction by the accountant of his company. He admitted that his complaint Ex. PW 9/B does not find mention about the incidents of Pahar Ganj and Rajouri Garden qua which the complaints have also been filed by him.
PW-10 Shyam Lal deposed that he knew accused Kaushal as he was Manager in SBI Darya Ganj Branch. He further deposed that he got introduced accused Kaushal to one Prem Gosain as the latter was in need of loan. Thereafter, he was also cross examined by Ld. APP for State and during such examination, he denied that accused Kaushal Kumar told him that if he knew about any NGO and then same was informed by him after ascertaining the name of NGO from Prem Singh Gosain.
PW-11 SI P. R. Hudda was the IO in the present State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 11 case. He explained about the proceedings of the investigation conducted by him. Through him, rukka was Ex. PW 11/A, the arrest memos of accused persons in the present case as Ex. PW 11/A to Ex. PW 11/D respectively. The disclosure statement of accused persons are Ex. PW 11/E to Ex. PW 11/G respectively. He also deposed that during investigation, a notice u/s 91 Cr. PC was served upon PNB and CCTV footage was obtained from the bank. He also deposed that the CDRs of accused persons were also obtained from the concerned companies and specimen signatures of accused Vipul Oberoi were obtained and same were seized vide memo Ex. PW 11/H. He also deposed that the forged cheque was seized from PNB vide memo Ex. PW 11/I and the original cheque was seized from PNB Panipat Branch vide memo Ex. PW 11/J. During cross-examination, he deposed that apart from complaint made by PNB Sector-22 Dwarka, another complaint regarding the incident was made on behalf of Shiksha Evam Sanskriti Vikas Samiti and he relied upon the complaint made by Dhruv Gaba. He denied that the aforesaid complaints were not made part of the present charge sheet as he wanted to save the main culprits. He could not state whether accused persons had ever been in communication with each other at any point of time prior to the registration of the present FIR. He also could not state whether accused persons have ever talked to each other on mobile phone at any point of time prior to registration of FIR. He stated that the payee of cheque was Shiksha Evam Sanskriti Vikas Samiti and had the same been encashed, the afore-named NGO would have been a beneficiary.
State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 12 PW-12 ASI Ravinder Kumar deposed that on 21.09.2014, he joined the investigation along with SI P. R. Hudda and in his presence, the accused persons were arrested by the IO and thereafter, their disclosure statements were recorded and the PC remand was obtained.
This is entire evidence led by the prosecution.
10. Having discussed the testimonies of prosecution witnesses, now let us advert ourselves to the merits of the present case.
11. The allegations against accused persons pertains to offences u/s 420/511/34 IPC and Section 471/34 IPC
12. It is pertinent to mention that the accused persons have been charge sheeted for the offences u/s 420/511/471 IPC with the aid of Section 34 IPC, hence it is necessary to delve into the discussion regarding the provisions of section 34 IPC and the evidences led by the prosecution in that regard. Pertinently, Section 34 IPC also creates a principal of joint criminal liability and this provision is stricter than section 120B IPC. To bring home the charge of common intention, prosecution has to establish by evidence, whether direct or circumstantial that there was plan or meeting of minds of all the accused persons to commit the offence for which they are charged with the aid of Section 34 IPC, be it a pre-arranged plan or plan made on the spur of moment but it must necessarily be formed before the State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 13 commission of crime. Section 34 IPC does not lay down any distinct offence and rather it is a rule of evidence. This provision also does not mandate actual commission of any overt act by any of the member of the party who has formulated the plan for committing an offence. In the present case, the careful perusal of the record and evidences would reflect that except the bald allegations to the extent the accused persons have indulged in the alleged acts of attempted cheating and using false cheque as genuine by acting in furtherance of common intention with each other between them, there are no clinching evidences led by the prosecution in that regard. More specifically, as per the allegations, the complicity of accused Kaushal Kumar in the alleged offence was found on the basis of narration made by witnesses Dinesh Bhadhana, Prem Singh Gosain, Shyam Lal and Advocate Anuj Chauhan. Pertinently, during the course of their deposition, PW-4 Ram Niwas, PW-6 Dinesh, PW-8 Anuj Chauhan and PW-10 Shyam Lal could not state anything to the extent of establishing that the plan to commit the alleged offences was formed by accused Kaushal Kumar, in furtherance of which he sought the details of the NGO Shiksha Evam Sanskriti Vikas Samiti from the aforesaid witnesses and thereafter, he along with other co-accused persons namely, Pancham Kumar and Vipul Oberoi joined the said concert to commit the alleged offences. During the course of his deposition as PW-11, even IO SI P. R. Hudda has clearly ruled out that the call details records of accused persons were never obtained by him nor he was in knowledge whether the accused persons were State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 14 in contact with each other at any point of time prior to the registration of the FIR in question. The aforesaid version of PW- 11 leaves no room for doubt that there is no iota of evidence on record establishing that there was some prior concert or pre- existing meeting of minds between the accused persons in furtherance of which they have indulged in the commission of alleged offence of attempt to cheat the complainant / PNB by using the allegedly cloned cheque, hence in the considered view of this court, the joint liability cannot be fastened upon accused persons with the aid of Section 34 IPC.
13. The discussion made above clearly suggests that there is no evidence on record to establish the common intention inter-se the accused persons in furtherance of which the alleged offences were committed by them, therefore, the accused persons cannot be held liable for offences u/s 420 r/w 511 IPC or section 471 IPC with the aid of Section 34 IPC. However, assumingly that there was a common intention entertained by accused persons for committing such offences, then also the necessary ingredients for constituting the offences have not been fulfilled in the present case. It was incumbent on the part of prosecution to establish the following for successfully establishing the commission of offences u/s 420 r/w 511 IPC and section 471 IPC by the accused persons :-
a. That the accused persons acquired the possession of the allegedly cloned cheque bearing no. 821411 for an amount of Rs. 1,51,51,000/- pertaining to the account of Gaba Overseas State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 15 Pvt Co. Ltd.
b. That the accused persons submitted the aforesaid cheque for clearance in the account of NGO Shiksha Evam Sanskriti Vikas Samiti by depositing the same at PNB Sector-22 Dwarka Delhi.
c. That the accused persons used the said cloned cheque as genuine despite knowing or having reason to believe that it was a forged document.
14. In the present case, the relevant witness cited by the prosecution to establish the identity of accused Kaushal Kumar as a person who deposited the impugned cheque at PNB Sector- 22 Dwarka Delhi is PW-5 Surender. PW-5 is the canteen official of the aforesaid bank who has allegedly seen accused Kaushal Kumar when he made query from him regarding the counter in which the cheque could be deposited. PW-5 has failed to identify the accused Kaushal Kumar as the person who made such query for depositing the impugned cheque in question on 27.08.2014 at PNB Sector-22 Dwarka and he even did not support the prosecution story in any manner despite his cross- examination by Ld. APP for State. Even PW-5 has failed to identify the alleged cloned cheque in the Court. Further, the careful perusal of testimony of PW-9 Dhruv Gaba who is the authorized signatory of Gaba Overseas Pvt. Ltd. Co. would also reflect that he was not present at PNB Bank Sector-22 Dwarka at the time when the impugned cheque was deposited by accused persons for encashment and rather upon receiving the call from State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 16 the bank, he acquired the knowledge regarding the attempt of such allegedly unauthorized transaction, hence, even from testimony of PW-9, the identity of the accused Kaushal Kumar or any other accused persons as the person who deposited the impugned cheque in bank could not be established. Pertinently, it has been reflected in the charge sheet that apart from the version narrated by witness Surender, the complicity of accused Kaushal Kumar in the alleged offences was confirmed through the CCTV footage pertaining to the camera installed at PNB Sector-22 Dwarka. The CD stated to be containing the aforesaid CCTV Footage also forms the part of case record but same could also not support the case of prosecution as such CD was found not working properly when an attempt was made to play it in the court (as reflected in the order sheet of proceedings dated 16.08.2024). Further, upon being summoned by the court, SI P. R. Hudda also narrated that the subsequent attempt made by him for producing the copy of the CCTV footage dated 27.08.2014 went in vain as the concerned bank has replied that such CCTV Footage was not available with them. Therefore, in the considered view of this court, prosecution has even failed to lead any reliable evidences establishing the identity of the accused Kaushal Kumar or the other two accused persons as the persons who deposited the impugned cheque at PNB Sector- 22 Dwarka on 27.08.2014, hence for want of any such evidence, the accused persons cannot be held liable for the alleged offences. It is also pertinent to point out that during the course of investigation, it was ruled out by the IO that there was any State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 17 complicity between the accused persons and officials of NGO Shiksha Evam Sanskriti Vikas Samiti in the alleged offences. The official from NGO Shiksha Evam Sanskriti Vikas Samiti who has been examined as PW-4 has also ruled out that the NGO was in any manner known to the accused persons. Even IO SI P. R. Hudda examined as PW-11 has clearly stated that the accused persons were not having any concern with NGO Shiksha Evam Sanskriti Vikas Samiti. As it is evident from the record and the evidences led by prosecution that there was no connection between the accused persons and NGO Shiksha Evam Sanskriti Vikas Samiti, therefore, it remained unexplained as to why the accused persons would allegedly fabricate the cheque in question by mentioning the name of NGO as a payee for the said cheque. In the event, if the alleged offence of cheating was complete in the present case, the cheque in question would have been cleared and the alleged amount of Rs. 1,51,51,000/- would have been credited in the bank account of NGO Shiksha Evam Sanskriti Vikas Samiti and the account of M/s Gaba Overseas Pvt Ltd Co. would have been debited by an amount of Rs. 1,51,51,000/-. The wrongful loss of the aforesaid amount would have caused to M/s Gaba Overseas Pvt Ltd. Co. and the wrongful gain of such an amount would have accrued to NGO Shiksha Evam Sanskriti Vikas Samiti had the offence of cheating been accomplished in the present case. Indisputably, there is no nexus between the accused persons and NGO Shiksha Evam Sanskriti Vikas Samiti, therefore, it is not understandable as to why the accused persons would have submitted the cheque in State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 18 question with the bank for encashment of the aforesaid amount of Rs. 1,51,51,000/- when the same would have not fallen in their share. Therefore, in the considered view of this court, the prosecution has also failed to establish the motive of the alleged crime on the part of accused persons. The motive of crime was necessary to be ascertained as it would have led to a clue regarding the culpable/ criminal intent on the part of accused persons but same has not been established by the prosecution with any cogent and convincing evidences. Besides, it also surfaces that even the prosecution has failed to establish one of the necessary ingredients for constituting the offence of cheating i.e. wrongful gain in favour of one person and wrongful loss by one person.
15. In view of the forgoing discussion, the conditions as mentioned at point no. (a) to (d) have not been established by the prosecution in the present case. Accordingly, the accused persons cannot be held liable for the offences u/s 420 r/w 511 IPC and Section 471 IPC.
16. The discussion made above is clearly suggestive of the fact that the prosecution has failed to establish beyond reasonable doubts that all the accused persons in furtherance of common intention of each other submitted the forged cheque bearing no. 821411 amounting Rs. 1,51,51,000/- pertaining to M/s Gaba Overseas Pvt. Co. Ltd. for encashment in favour of NGO Shiksha Evam Sanskriti Vikas Samiti and also that the impugned cheque was dishonestly used by the accused persons with the knowledge or reason to believe that same was a forged State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 19 document, hence all the accused persons deserves to be acquitted for the alleged offences. Accordingly, this Court holds accused persons not guilty for the alleged offences. The accused persons namely, Kaushal Kumar, Pancham Kumar and Vipul Oberoi are hereby acquitted for the offences punishable u/s 420/511/34 IPC and Section 471/34 IPC.
Announced in the open Court on 04.03.2025 (Rishabh Kapoor) JMFC-05 South West District Dwarka Courts, Delhi State Vs : Kaushal Kumar and Others FIR No : 374/14 U/s467/468/471/420/511 IPC P.S:Vikas Puri 20