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5. It appears that each of the said cases (FIRs) had been registered on the complaints of Mr. Anuj Bhatia, Assistant Manager - Risk Control of HDFC Bank, a representative of HDFC Bank Ltd. ("the bank") which is the second respondent common to all the four matters, its another representative, Mr. Amit Sahni, Assistant Vice President, being a signatory to the settlement agreement.

6. The copy of the report (charge-sheet) under Section 173 Cr. PC filed on 25.10.2004 by the police in FIR no.45/2003 shows that the complaint had been lodged by the representative of the bank on 05.06.2003 about a large number of instances having come forth in which domestic as well as international credit cards had been counterfeited, by skimming technique which involves copying of electronic data from genuine cards at the time of their use in the normal course, stolen data having been written on blank plastic cards. He informed the police that the bank had been investigating such frauds and with the help of a secret source had come across material showing involvement of certain named persons (petitioners) in such activity. The bank had specific information that some members of the gang would be coming to S.N. Market on 05.06.2003 to use such forged cards on the swipe machines of the merchants.

11. The FIR no.54/2003 was also registered on 08.07.2003 on complaint of the same representative of the bank. The charge-sheet in this case was submitted on 22.12.2003. It concerns similar misuse of EDC machine installed by HDFC bank at the premises of M/s. Manish Steel Centre, Kamla Nagar, New Delhi, the petitioner Manish Jain being the son of its proprietor. As in the previous two cases, certain fabricated credit cards recovered from petitioners Dinesh Gupta, Rajiv Arora and Yogesh Mahajan have been found to have been used through this establishment causing approximate loss of Rs.7 Lakh, there being evidence confirming involvement of co-petitioner Charanjit Singh Chadha @ Shampy who had arranged the stolen data of genuine customers. The police through the above mentioned charge-sheet sought prosecution of the petitioners (of Crl. MC 5805/2018) for offences under Sections 409, 420, 120-B, 34 IPC.

4. That on receipt of the entire settlement amount on realization of the bank instruments afore-detailed delivered by the respondents today, the complainant / HDFC Bank Ltd. and of course its officers do not want to further proceed with the cases on their merits against the respondents / accused persons.
5. That in the eventuality of the respondents / accused persons approaching the Hon‟ble High Court for quashing the cases against them, the complainant / HDFC Bank Ltd. and its officers shall co-operate by swearing affidavits, appearing in the court and making statements."

(emphasis supplied)

30. The judicial officer who has been working as In-charge of the Mediation Centre of Patiala House Courts, by his report dated 30.11.2018, has opted to term the settlement of credit card fraud cases as "imprudence", which was regrettable.

31. Mr. Amit Sahni, the Assistant Vice President, HDFC Risk Intelligence and Control of HDFC Bank Ltd., having taken instructions from the board of directors of the bank, and having been authorised in that behalf, has submitted his affidavit sworn on 12.03.2019 referring, inter alia, to the background facts of the four cases of cheating / fraud and the proceedings recorded in the trial court, particularly those of 12.01.2018 and 09.02.2018 on the file of FIR no.47/2003, whereby presence of the authorised officer of the bank had been insisted upon in the context of request for opportunity made by the defence for exploring chances of settlement. He took exception to the submission of the State, as recorded in the proceedings of 16.11.2018 regarding there being "element of criminal breach of trust by the bank and its employees". He has set out in his affidavit the gist of the resolution dated 07.03.2019 of the board of directors of the bank as under :-