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Showing contexts for: demand draft lost in State vs . Sushil Kapoor on 5 August, 2023Matching Fragments
This witness was duly crossexamined on behalf of accused.
5.10 PW9 Inspector S.M. Sharma (Investigating Officer) - He deposed on the lines of investigation conducted by him and proved his endorsement on the complaint received in the office of ACP Forgery Section EOW Crime Branch as Ex. PW9/A. Thereafter, he handed over the same to Constable Ram Keval for registration of case FIR. After registration of case FIR, copy of FIR and original complaint was handed over to him for investigation and on 10.10.1998 he along with SI Tej Singh arrested and personally searched the accused N. D. Sharma at the instance of Sushil Kapoor (the then complainant) vide arrest memo Ex. PW 9/B and personal search memo Ex. PW 4/B. He interrogated the accused N. D Sharma and recorded his disclosure statement Ex. PW 4/A. & Ex. PW4/I. He also proved seizure memo of documents seized from the house of accused as Ex. PW 4/C, seziure of documents handed over to him by Sushil Kapoor (the then complainant) vide Ex. PW 4/D. He also proved the personal search and arrest memo of accused Sushil Kapoor as Ex. PW 4/E and PW 9/C. That, he interrogated accused Sushil Kapoor and recorded his disclosure statement Ex. PW 4/F. Further, on 17.10.1998 he along with SI Tej Singh FIR No. 296/98 PS Crime Branch State Vs. Sushil Kapoor & Anr. Page No. 10 of 25 and Jitender Kumar conducted raid along with the accused Sushil Kapoor at his residence at PK226, Second Floor Shahdara, from where some stamps and relevant documents were seized vide Seizure memo Ex. PW 4/G and during investigation he had also seized the relevant documents/drafts from the bank officials of Bank of Maharashtra Vivek Vihar, vide seizure memo Ex. PW 3/A, 3/B, 4/H and on 22.10.1998 he had seized some document/draft from the bank officials of Bank of Baroda Parliament Street vide seizure Memo Ex. PW9/D and also seized draft/documents from service branch Bank of Baroda vide seizure memo Ex. PW9/E. This witness has further deposed that he had made correspondence with Bank of Baroda and bank of Maharashtra with regard to investigation of present case and met with the bank officials of Bank of Baroda, Lucknow and had inquired about the draft in question. Further, during investigation he had obtained the specimen signatures of accused Narain Dass Sharma (since abated), Sushil Kapoor, R. N. Saini, U. C Dubey, Mrs. Rekha Rani, specimens of stamp impressions which were recovered from the house of accused Sushil Kapoor and deposed that the specimen signatures/writing are Ex. PA to PM, Ex. PW 1/A13, 1/A14, 1/A15, Ex. PN to PZ, PZ1 to PZ29 and all the relevant documents were sent to FSL for comparison and expert opinion. This witness filed the chargesheet and supplementary chargesheet along with documents and result and recorded the statement of PWs. This witness proved the case property brought by MHC(M) bearing the seal of FSL i.e. four stamps as Ex. P1 to P4 as per the seal impression mentioned in seizure memo Ex. PW4/B. FIR No. 296/98 PS Crime Branch State Vs. Sushil Kapoor & Anr. Page No. 11 of 25 5.11 PW 10 Sh. D.D.Maheshwari (complainant), Chief Manager, Bank of Baroda, Service Branch, Parliament Street, New Delhi - deposed that in the year 1998 he was working in the said branch and he had sent letter dt. 25.09.98 Ex. PW10/A to the IO with reference to the inquiry of the complaint of Sushil Kapoor, in which he stated that the IO had visited their office and he has confirmed the contents of above said complaint. Further, he deposed that he has mentioned in his letter that seven drafts as mentioned therein have been paid by their branch and five drafts of the similar nature have been returned by their branch to Bank of Maharashtra, Vivek Vihar Branch as unpaid and he further stated that these drafts are purported to have been issued from the Lost demand draft books of their Hazrat Ganj Branch, Lucknow, UP and has also mentioned that the said drafts are forged one. All the drafts were presented by the Bank of Maharashtra, Vivek Vihar Branch. He has also stated that their higher authority had given a complaint to SP CBI on 23.09.98 regarding the forgery and he has also given the photocopies of draft to the IO. This witness further deposed that on 22.10.98, he has sent letter Ex. PW10/B to Additional DCP Crime Branch, in which he has mentioned that three drafts have been presented in clearing by the bank of Maharashta and same were not genuine and has also written that the full details have been mentioned in a complaint dt.22.09.98 which was made by their higher officer to CBI and that is why, they have not lodged any FIR with the police. The total amount which their bank suffered loss was Rs. 33.40 lacs approximately. The letter Ex PW10/B. The copy of complaint dt. 22.09.98 made to SP FIR No. 296/98 PS Crime Branch State Vs. Sushil Kapoor & Anr. Page No. 12 of 25 CBI Marked 10 in which details were mentioned which bears the signature of the then DGM. The three original drafts were sized by the IO vide seizure memo Ex.PW9/B which were also signed as a witness by G.R. Khurana Manager of their branch. The drafts are Ex.PW1/A6, 1/A7 & 1/A8. Two drafts bears the endorsement on the back of the drafts for Durga Wire Ind. which bears the stamp of the said firm and signed of Surender as Prop. These drafts bears the stamp of first payees endorsement confirmed please credit their our current account for Kisan Finlease Ltd. which bears the signature of Director. The draft Ex.PW1/A7 bears the endorsement on the back of the drafts for Aggarwal Trading Company which bears the stamp of the said firm and sign of Surender as Prop. This draft bears the stamp of first payees endorsement confirmed please credit their current account for Kisan Finlease Ltd. which bears the signature of Director. This witness further deposed that on 29.10.98 he has mentioned in his letter about the payment of two more drafts encashed by M/s Kisan Finlease Ltd. collected through Bank of Maharashtra, Vivek Vihar Delhi. These drafts no. 024977 dt. 18.07.98 favouring Manohar Lal Pankaj Kumar for Rs. 20,000/ issued by their Bank Khanderao Market Badoda and draft no. 617927 dt. 30.07.98 favouring Satish Kumar Singh issued by their Azamgarh Brank for Rs. 5000/ were reported to be lost. There is cancellation of crossing on the said drafts. The payment of the said drafts were collected by bank of Maharashtra Vivek Vihar Delhi who had purchased the drafts in BP. The letter is Ex.PW10/C. He has also attached photocopy of circular issued by their Head Office Baroda. The photocopy of the drafts are marked 10A, 10B and 10C which FIR No. 296/98 PS Crime Branch State Vs. Sushil Kapoor & Anr. Page No. 13 of 25 bears the endorsement of cancellation at point X. These drafts bears the stamp of first payees endorsement confirmed please credit their current account for Kisan Finlease Ltd. which bears the signature of Director. He has handed over four original drafts to the IO which was seized vide Ex.PW9/C , the drafts Ex.PW1/A9, A10, A11 & A12, draft Ex.PW1/A9 & A11 bears the endorsement on the back for Sharma Packers the said drafts bears the stamp of the said firm and signed of Surender as Prop. This draft bears the stamp of first payees endorsement confirmed please credit their current account for M/s Kisan Finlease Ltd. which bears the signature of Director. The drafts Ex.PW1/A10 & A12. bears the endorsement on the back of drafts for Aggarwal Trading Company. The said drafts bears the stamp of the said firm and signed of Surender as Prop. This draft bears the stamp of first payees endorsement confirmed please credit their current account for M/s Kisan Finlease Ltd. which bears the signature of Director.