Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Matter No. 1802/22, 1803/22 & 1804/22
FIR No. 49/22
PS Cyber
State Vs. Sweta Barnwal, C. Janakai Lakshmi Bai & Pawan
Kumar Thakur
U/s 420/120B IPC
13.10.2022
Fresh bail application filed. It be checked and registered.
VC has not been working since last two days due to short
circuit.
Present : Sh. S.K. Kain, Ld. Addl. PP for the State.
Sh. Karn Kumar and Sh. Pankaj Kumar, Ld.
Counsels for applicants/accused persons.
SI Devender Kumar in person.
It seems that the Cat is guarding the milk in the
present case, inasmuch as, the applicants/accused persons are
bank employees and are in possession of the relevant records,
which may be used to prove whether the transaction is fraudulent
or genuine, including customer request form and any
accompanying KYC.
Further, other documents of the past transactions
from which the signatures being used by the complainant can be
ascertained are also with the bank branch in which the applicants
are performing their duties.
In these circumstances, the possibility of evidence
being tampered with cannot be ruled out. The reliance of the IO
on Section 91 of Cr.PC notice, in these circumstances, also seems
to be a lax approach, inasmuch as, this is a fit case where at the
first instance, search and seizure ought to have been carried out
by the IO. IO may consider whether he now wishes to proceed on
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that basis.
Let proper reply viz-a-viz recent signatures being
used by the complainant be also filed by the IO on the next date
of hearing after verifying this fact from the bank.
Further, the Bank Manager concerned is directed to
inform this court whether the form was required to be
accompanied by fresh KYC as per the bank’s policy and whether
identity proof was also required to be furnished other then the
Aadhar Card at the time of change
Let affidavit in this regard be filed by the Branch
Manager concerned.
Order be given dasti to the IO to be served to Bank
Manager as well.
List this matter for filing of reply and further
arguments on 20.10.2022.
(Harjyot Singh Bhalla)
Roster Judge/Addl. Sessions Judge-04,
New Delhi District, Patiala House Courts
New Delhi/13.10.2022
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