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2011 Supreme(J&K) 486

MOHAMMAD YAQOOB MIR
S. P. Singh – Appellant
Versus
State & anr – Respondent


JUDGMENT

Honble Mr. Justice Mohammad Yaqoob Mir, Judge

1. Quashment of the case registered as FIR No.65/2011 Police Station, Leh, is sought.

2. For appreciating controversy in its right perspective, it shall be quite relevant to precisely notice as to what led to the registration of the case:

(a) 237 Engineering Regiment of the Indian Army at Leh is maintaining Account No.10351101674 at State Bank of India Branch Leh. The said Regiment requested for transfer of an amount of Rs.96,93,000 (rupees ninety six lacs and ninety three thousand only) to the account of M/S Sai Baba Builders and Consultants Pvt. Ltd (in short SBBCPL) maintained under No.482100210001010 with Punjab National Bank, New Delhi House Bara Khamba Road Branch. While remitting the amount, the respondent banker by mistake added figure #0# at the end of the amount of Rs. 96,93,000/, as a result thereof, instead of Rs. 96,93,000/, Rs.9, 69,30,000 (rupees nine crores sixty-nine lacs and thirty thousand) were remitted in the bank account of the petitioner company at Delhi, therefore, Rs.8, 72,37,000 (eight corer seventy two lacs and thirty seven thousand) were transferred in excess.

(b) The said mistake was noticed on 31st of M









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