Delhi District Court
St. vs . Gaurav Kumar Nassa on 16 October, 2014
IN THE COURT OF MS. GOMATI MANOCHA, METROPOLITAN MAGISTRATE-02,
PATIALA HOUSE COURTS, NEW DELHI
FIR No. : 30/2006
P.S : Chanakya Puri
Date of commission of offence : 19.01.2005
Date of institution of challan : 09.01.2008
Name of complainant : Mr. Francois Goldblatt
Name of accused : 1. Gaurav Kumar Nassa
S/o Sh. Niranjan Dass Nassa
R/o House no. B-64, J.J. Colony
Chaykhandi, Tilak Nagar, New Delhi.
2. Mukesh Jain
S/o Late Sh. Mahavir Prasad Jain
R/o H. no. 16, Poorvi Apartment, Poorvi
Marg, Vasant Vihar, New Delhi
(discharged vide order dated 23.04.2009)
Offence complained of : 420/468/471/120-B IPC
Plea of the accused : Pleaded not guilty
Arguments heard/ order reserved : 16.10.2014
Final order : Acquitted.
Date of such order : 16.10.2014
Brief statement of the reasons for the decision:
1.The brief facts of the case are that on or about 18.01.2005 the accused Gaurav Kumar Nassa had entered in a criminal conspiracy and attempted to cheat the French Embassy by procuring Visa on the basis of forged, false and fabricated documents and used the same as genuine and thereby committed offences punishable under Section 420/468/471/511 IPC.
2. After the completion of the investigation, the charge sheet U/s 420/468/471/120B IPC was filed against the accused Gaurav Kumar Nassa and Mukesh Jain. During the pendency of the case, accused Mukesh Jain was discharged by the court vide order dated 23.04.2009. Charge was framed against the accused Gaurav Kumar Nassa to which he pleaded not guilty and claimed trial.
FIR no. 30/06 page no. 1 of 4
3. In order to prove its case, prosecution has examined five witnesses.
4. PW1 Sh. B.V.S. Krishanmurty deposed that he has been working as Director in Alcatel Lucent India Ltd. since 2004. He received a letter from PS Chanakya Puri to verify whether Mr. Harjinder Singh was an employee of their organization or not. After verification of their company record, he gave a reply vide letter dated 01.03.2005 addressed to SI Bijay Kumar Ex. PW 1/A that Mr.Harjinder Saran was never an employee of their organization. He had also confirmed that letter dated 10.01.2004 addressed to The Consul (Visa Section), Embassy of France, New Delhi was never issued by their office which is Ex. PW 1/B. In the cross-examination by the counsel for the accused he deposed that he had become the Director of this company in the beginning of the year 2004. In the month of December 2003 he became Deputy Managing Director of the company. He had worked in the company since the year1997. He further deposed that Mr. Ganpath Ramanathan was the employee of the company who used to handle all the correspondence regarding visa. He further deposed that he had verified from their list of employees that Mr. Harjinder Saran was not their employee and on the basis of the same he had given report over the letter Ex. PW1/B. He denied the suggestion that in order to avoid the liability of the company, he has wrongly replied that the letter Ex. PW1/B was not issued by their company and Mr. Harjinder Saran was not their employee.
5. PW-2 ASI Kanwar Pal Singh deposed that on 24.02.2006, he was posted as DO in PS Chanakya Puri from 04:00 pm to 12:00 midnight. He had recorded FIR no. 30/2006 on the basis of rukka produced by SI C.L.Meena. Copy of FIR is Ex. PW2/A (OSR) and entry on rukka is Ex. PW2/B bears his signature at point A.
6. PW 3 Harish Arora deposed that he was running fruit Juice Shop at Karol Bagh Shop no. 17, Ajamal Khan Road. Mr. Gurnam Singh was his family friend. Mr. Gurnam Singh told him that as his daughter was residing in Greece, therefore, his son Harjinder Saran wanted to visit her and he gave him the passport of his son to be handed over to Mr. Mukesh Jain who was also his friend as he was residing near the Embassy and occasionaly visited his shop. He handed over the FIR no. 30/06 page no. 2 of 4 passport to Mr. Mukesh Jain. After two days when he inquired from Mukesh he informed him that he had further handed the same passport to Mr. Gaurav Nassa, who was working with Udaan company. After few days he came to know that the Gaurav Nassa has forged some documents and applied for documents. Police visited him on 07.12.2006 and recorded his statement.
7. PW 4 Rajan Dua deposed that accused Gaurav Nassa present in the court was employed with Udaan India Pvt. Ltd. where he was working as MD. During the period 2004-05 he forged some documents in the respect visa application of one Harjinder Saran. He had seen application Ex. PW4/A and letter dated 10.01.2004 on record of the case file same were shown to him by the Embassy during the course of investigation. He identified the said application is Ex. PW 4/A and letter as already Ex. PW 1/B. He also identified the accused Gourav Nassa present in the court. In fact, he was entrusted with five applications from Alcatel and the accused misused letter Ex. PW1/B in the respect of present case and as sixth case.
8. PW 5 HC Tara Chand deposed that on 23.11.2006 he was posted as HC at PS Chanakya Puri and had joined the investigation of the present case along with IO SI C. L. Meena and accused Gaurav Kumar Nassa present in the court was arrested vide his arrest memo Ex. PW 5/A and personal search memo Ex. PW5/B. He also made disclosure statement Ex. PW 5/C. All these documents bear his signatures at point A. He identified the accused present in the court today. Accused was produced in the court and his specimen handwriting was taken.
9. Process issued to the complainant received back from ACP/PG Cell. Process were sent to Deputy Secretary (Home), however, no report received back on the process.
10. Thereafter, PE was closed. The statement of the accused Gaurav Kumar Nassa u/s 313 Cr.P.C was dispensed with.
11. Arguments were heard. I have heard the arguments advanced by the Ld. A.P.P for the State as well as by the counsel for the accused and have given my FIR no. 30/06 page no. 3 of 4 thoughtful consideration to the same.
12. Summons sent to complainant Mr. Francois Gold Blatt were received back unserved. The prosecution has failed to examine the complainant in this case. There is no prospect of witnesses being produced in the court. The allegations of cheating could only be established by the complainant. Inducement could only be proved by the complainant. When the offence for cheating has not been proved, offence of fabricating documents for the purpose of cheating can also not be proved. The complainant did not appear before the court either to substantiate his complaint or to identify his signatures upon it. Further, neither the accused persons were recognized by the complainant nor did he depose before the court implicating the accused persons.
13. There is no sufficient evidence against the accused Gaurav Kumar Nassa. Hence, he is acquitted of the charges levelled against him u/s 420/468/471/511 IPC. Bail bonds furnished on behalf of the accused are extended for a period of six months under the provision of section 437A Cr.P.C. File be consigned to the record room.
Announced in the (GOMATI MANOCHA) Open Court on 16.10.2014 MM-02/ New Delhi
It is certified that this judgment contains four pages and each page bears my signature.
(GOMATI MANOCHA)
MM-02/ New Delhi/16.10.2014
FIR no. 30/06 page no. 4 of 4
FIR No. 30/06
PS Chanakya Puri
St. Vs. Gaurav Kumar Nassa
16.10.2014
Present: Ld. APP for the state.
Accused Gaurav Kumar Nassa in person along with counsel. Accused Mukesh Jain has already discharged vide order dated 23.04.2009.
PW-4 Sh. Rajan Dua and PW-5 HC Tara Chand examined and discharged. No other PW is present today. Several opportunities have been availed by the prosecution to lead evidence. No ground for further adjournment is made out. Hence, PE stands closed.
Since there is nothing on record against the accused, in these circumstances SA is dispensed with.
Arguments heard. Put up at 4 pm for orders.
(GOMATI MANOCHA)
M.M-02/New Delhi/16.10.2014
At 4.00 p.m.
Present: Ld. APP for the state.
Accused Gaurav Kumar Nassa in person along with counsel. Accused Mukesh Jain has already discharged vide order dated 23.04.2009.
Vide separate judgment of even date, the accused Gaurav Kumar Nassa are acquitted of the offences under Section 420/468/471/511 IPC. The accused is on bail. Bail bonds furnished on behalf of the accused are extended for a period of six months under the provision of section 437A Cr.P.C. File be consigned to record room.
(GOMATI MANOCHA)
M.M-02/New Delhi/16.10.2014
FIR no. 30/06 page no. 5 of 4