IMPORTANT POINT
Exercise of inherent power u/s 482 Cr. P.C.

JUDGMENT

Ranjan Gogoi, J.-Leave granted.

2. In a proceeding registered as FIR case No. 110/94 (P.S. Connaught Place) charges under different provisions of the Indian Penal Code were framed by the learned Trial Court, inter-alia, against the accused appellants G.K. Bhatt and R.K. Arora. In the revision petition filed before the High Court (Crl. Rev. P. No. 304/2003) for quashing of the charges framed, relief has been denied to the two appellants. However, part relief had been granted to two other accused i.e. Anita Mehra (petitioner in Crl. M.C. No. 2255/2003) and S.K. Khosla (Petitioner in Crl. Rev.P. No.299/2003). While denial of relief by the High Court by the impugned order dated 13th October, 2011 has been challenged in the appeals filed by the accused R.K. Arora and G.K. Bhatt, the grant of partial relief to one of the two co- accused i.e. S.K. Khosla has been challenged in the appeal filed by the complainant/ first respondent, Satish Mehra.

3. The facts giving rise to the present appeals may now be noted in some detail. The appellant Satish Mehra and accused Anita Mehra were married some time in the year 1980. At the relevant point of time they were living in the USA. From about October, 1992, the relations between husband and wife became strained and both were locked in a series of litigations including litigations pertaining to custody of the children born out of the marriage.

4. On 06.01.1994, the appellant Satish Mehra lodged a complaint before the Additional Deputy Commissioner of Police New Delhi that he along with his wife Anita Mehra had opened five Foreign Currency Non-Resident Fixed Deposits (FCNR FD) of the total value of about Rs.20,00,000/- in their joint names. According to the complainant, accused S.K. Khosla who is his father-in- law had forged his signatures on the F.D receipts and got the same renewed in the sole name of Anita Mehra who, thereafter, encashed the value thereof and unauthorisedly received the payments due. The details of the FCNR FD, according to the complainant, are as follows:

(ii) FCNR FD Nos.103402 and 103403 with Punjab and Sind Bank and;

(iii) FCNR FD No. 0756223 with Vyasa Bank.”

5. On receipt of the aforesaid complaint, FIR No.110/94 was registered, on investigation whereof the following facts appear to have come to light:

(I) S.K. Khosla had made an endorsement on the reverse of the receipt pertaining to FCNR FD Nos.22/91 to the effect that the said FDR be renewed in the sole name of Anita Mehra;

(II) On 23.11.1992 and 12.03.1993 Canara Bank renewed FCNR FD Nos.22/91 and 9/92 respectively on the basis of the letters dated 09.10.1992 written by Anita Mehra to the Bank requesting for the said renewals. Pursuant to the said renewals made by the Bank, Anita Mehra encashed FD No. 22/91;

(III) Before FD No.9/92 could be encashed by Anita Mehra the Bank cancelled the renewal of the said FD in the sole name of Anita Mehra and re-renewed the same in the joint names of Anita Mehra and Satish Mehra;

(IV) On 09.11.1992 Punjab and Sind Bank renewed FDs Nos. 103402 and 103403 in the sole name of Anita Mehra on the basis of an endorsement made by S.K. Khosla on the reverse of the receipt of each of the said FDs to the effect that the said FDs be renewed in the sole name of Anita Mehra;

(V) Punjab and Sind Bank claimed to have renewed the FD Nos. 103402 and 103403 in the sole name of Anita Mehra on the basis of a letter dated 09.10.1992 written by Anita Mehra to the Bank requesting for such renewal but the said letter seems to be a manipulated document as it was received by the Bank on 09.11.1993 which was much after the renewal of the said FDs; and

(VI) On 22.03.1993 Vyasa Bank renewed FCNR FD No. 0756223 on the basis of a Investment Renewal Form dated 22.03.1993 signed by both Satish Mehra and Anita Mehra; however Satish Mehra claimed that he had made no such request to Vyasa bank and that he had misplaced a blank Investment Renewal Form of Vyasa Bank which contained his signature.

(VI