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2014 Supreme(MP) 338

M.C.GARG
Rajendra Singh – Appellant
Versus
State of M. P. – Respondent


Advocates:
S. C. Bagadia with Dharmendra Jain for petitioners; Manish Joshi for respondent/State; Ashish Gupta for respondent No.2.

ORDER

1. It is a very strange case where two brothers are fighting with each other and are misusing the process of the Court.

2. Trilok Singh, the second respondent who is the real brother of the first petitioner Rajendra Singh alleged to have obtained a claim from Insurance Company with respect to accident of his vehicle in 2001 to the tune of Rs.21,836/-. The said cheque was wrongly credited in the account of petitioner No.2 by mistake as admitted by the Bank. However, as the respondent/complainant-Triloksingh had some grudge, he lodged FIR for offence under sections 420, 467, 468, 471, 403 and 120-B of IPC against Rajendra Singh his brother and his wife Indrajeet Kaur after about 5 years of the receipt of the cheque i.e in the year 2006, alleging that the first petitioner got deposited the cheque of Rs.21,836/- in the account of his wife by manipulation and with wrongful intention to cheat the second respondent.

3. In the letter 18.9.2006 of the United India Insurance Company it has been mentioned that the payment towards the compensation was made by the said Company only to Shri Trilok Singh by means of payee account cheque. It is not understood as to how the cheque drawn in favo





































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