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2024 Supreme(Online)(P&H) 12217

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NARESH KUMAR – Appellant
Versus
STATE OF HARYANA – Respondent



147 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 19.12.2025 Naresh Kumar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present: Ms. Simran Kaur Bhatti, Advocate, for the petitioner.

Ms. Shweta Nahata, DAG, Haryana.

***

AARADHNA SAWHNEY, J. (ORAL)

1. Petitioner, an accused in case FIR No.229 dated 01.08.2023 registered against him, under Sections 409/420/467/468/471/120-B IPC, at Police Station City Ratia, District Fatehabad, has filed the present petition for grant of bail under Section 439 Cr.P.C.

2. Relevant facts as emerging from documents on record be noticed hereinbelow:-

“Sh. Lakhwinder Singh-complainant, set the criminal law in motion by filing a complaint requesting therein to initiate the appropriate criminal proceedings against the following persons:-

i. Yash Narang, Bank Manager, HDFC Bank Branch Ratia;

ii. Ankush Bhatia, Bank official; iii. Shaili wife of Ankush Bhatia;

iv. Jashandeep Singh;

v. Khan Chand, vi. Rakesh Complainant alleged that all the aforementioned persons fraudulently withdrew amount of Rs.2 crores from his saving account No.50100487889333, HDFC Bank, Ratia Branch by appending his fake signatures. Complainant further alleged that he is permanent resident of village Kunal, Tehsil Ratia, District Fatehabad and is an agriculturist by profession. He had visited Italy in connection with business affairs and had deposited money in his aforesaid account for purchasing land in near future. When he finalized the deal, he visited the bank to withdraw the money, when he came to know that a massive fraud has been played upon him by some unknown persons in conspiracy with the officers of the HDFC bank, who had been withdrawing money from his account on different dates. In the complaint details of those transactions were given. Complainant specifically pointed out that most of these transactions are in the name of co-accused Shaili, whose husband Ankush Bhatia is a bank employee. He (c) never transferred money in the account of Shaili or the present petitioner nor did he sign any voucher or cheque. Immediately when he came to know of this fraud, he brought the entire facts to the notice of Branch Manager, Yash Narang, who initially assured full cooperation and as also to return the money fraudulently withdrawn from his (c) account. Complainant sought certain information from the bank officials, who did not take any action for the next 2-3 days. Since he had to visit Italy, he executed a Power of Attorney in favour of his cousin brother, Kuldeep Singh. His wife accompanied by Kuldeep Singh visited the bank when the Branch Manager, Yash Narang refused to cooperate. Seeing this apathetic attitude of the Bank officials, he immediately cut short his visit and returned back to India. Complainant also pointed out that on 29.04.2023, his FD of Rs.31,01,678.62/- was encashed and the amount was transferred in his account. Voucher in this regard was prepared by Ankush Bhatia, who mentioned that the account holder had put his signatures on the said voucher in his (Ankush Bhatia) presence whereas on the said day i.e. 29.04.2023 he was not present in India. Copy of the passport was also enclosed by the complainant. It also came to the notice of complainant that in his absence, accused persons had got issued cheque book in his name without his knowledge and had thereafter misused the same by forging his signatures. It is further the plea of the complainant that he had never got the relevant cheque book issued from the bank. Primarily with this backdrop, he (C) alleged that fraudulent act on the part of all the accused persons has caused immense financial, emotional and physical trauma to him.

On the basis of the said complaint, criminal case vide FIR No.229 dated 01.08.2023, u/s 409/420/467/468/471/120-B IPC, was initially registered against Ankush Bhatia and Naresh Kumar (petitioner). During investigation, the relevant record of the bank were obtained. On 20.

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