High court rejects plea for crashing FIR
High court rejects a plea for crashing FIR.
High court has rejected a plea for crashing FIR in case of attempt of encashment of stolen cheque.
A blank signed cheque was stolen from a businessman’s shop in the city in the year 2013. The accused in this case tried to encash the cheque for 13 lakh 51 thousand rupees. When an FIR was lodged against this act, the accused also pleaded the court to crash the FIR that was in Hathipole police station. The plea was rejected by the court.
Punit Kothari resident of Bapna ki sehri stole a blank signed cheque from shop of Rakesh Choudhary s/o Lalit Choudhary resident of Maldas Street in 2013. Punit filled an amount of 13 lakh 51 thousand and presented the cheque in his bank. Rakesh discovered that the cheque was missing from the shop and requested a stop-payment in the bank against this cheque.
As per request of Rakesh, the cheque was bounced by the respective bank against which Punit sent a notice to Rakesh through his lawyer. This is when Rakesh understood the fact that the cheque was actually stolen from the shop. FIR was lodged in Hathipole police station against Punit on 20th June 2013 under section 420, 406 and 379.
Punit pleaded to the court for crashing this FIR under section 482 CPC. Court ordered the investigating officer to find out details of the entire matter between Punit and Rakesh concerning cheque amount of 13 lakh 51 thousand rupees and present a report of income tax department on it.
Punit had pleaded before High court judge Pushpendra Singh Bhati to crash the FIR against him. Court said that since a charge sheet was already presented against accused Punit in the lower court, the plea for crashing FIR could not be accepted under any circumstances. The plea was hence rejected by the High court.
Source : bhaskarnews