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2010 Supreme(Del) 1000

V.K.JAIN
Govind Lal Tamta – Appellant
Versus
NCT of Delhi – Respondent


Advocates Appeared:
Mr. L.S. Chauhan, Mr. C.R. Mishra. Mr. Sarthak Chaudhary, Advs. for the Petitioner.
Mr. Jaideep Malik, APP for the Respondent.

V.K. Jain, J.

1. This is a petition under Section 482 of the Code of Criminal Proceedings for quashing FIR No. 539/08 registered at PS Vasant Kunj under Sections 420/464/468/471 and 120-B of IPC and the proceedings arising therefrom.

2. The case of the prosecution in brief is that Delhi Public School, Vasant Kunj received a reference from the Manager, Delhi State Cooperative Bank Limited and Canara Bank, New Delhi seeking remittance of the salary of its 14 employees on the ground that they had defaulted in payment of loans taken by them. Certain documents were also sent to the school along with the reference. These documents comprised Identity Card, Pay Slip and undertaking from the employer. On perusal of the documents, the school felt that these employees had forged and fabricated the Pay Slip and undertaking from their employer by forging the signature of the complainant, Vasant Kunj, and the stamp of the school. An FIR under Sections 420/464/468/471 and 120-B of IPC was, therefore, registered and investigation was carried out. The investigation revealed that the petitioner Govind Lal Tamta had obtained a loan of Rs. 17,000/- from Delhi State Cooperative Bank, 15/16, Janpath Lane,

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