ICICI Bank's forgery case - Kolkata

District : Kolkata.

In the Court of the Learned Chief Metropolitan Magistrate at Kolkata.

                                                                        Complaint Case no._________of 2010.

                                                                        In the matter of :

An application under Section 156 (3) of the Criminal Procedure Code’ 1973;

A N D

In the matter of :

Shri Devender Kumar Jain, Son of Late Tilak Chandra Jain, Proprietor of M/s. Deepak Steel Enterprises, having office at Room no. 35, 7^th Floor, 23A, Netaji Subhas Road, Kolkata – 700 001, Police Station – Hare Street.

                                    _______Complainant.

-         Versus –

1 : Sri Viplab Kabiraj, son of not known, O.D. Manager, ICICI Bank Limited, having branch office at premises being no. 127A, Sarat Bose Road, Kolkata – 700 026.

2 : Sri Bidhan Mukherjee, son of not known, O.D. Manager, ICICI Bank Limited, having branch office at premises being no. 127A, Sarat Bose Road, Kolkata – 700 026.

3 : Shri Pranjit Neog, son of not known, Branch Manager, ICICI Bank Limited, having branch office at premises being no. 127A, Sarat Bose Road, Kolkata – 700 026.

4 : M/s. ICICI Bank Limited, having branch office at premises being no. 127A, Sarat Bose Road, Kolkata – 700 026.

                                    _________Accused.

Offences committed to be punishable under Section 468, 469, 471, 406, 420, and 120 B, of Indian Penal Code’ 1860.

The humble petition of the above named Complainant [Shri Devender Kumar Jain  ] most respectfully;

Sheweth as under :

1 : That the Petitioner is a peace loving and law abiding Citizen of this Country, and carrying out his business at the address as given in the cause title of this instant application, which fall under your Honours’ jurisdiction.

2 : That since the petitioner had applied for Over Draft facilities for his business financial needs with the ICICI Bank Limited having its Branch office at premises being no. 127A, Sarat Bose Road, Kolkata – 700 026, and whereas the Overdraft Limit for the amount of Rs. 2,50,000/- has been granted by the accused persons, against taking and having one Cheque being no. 726712, of IDBI Bank, Brabourne Road Branch, Kolkata, of Rs. 2,50,000/- ( Rupees Two Lakhs and Fifty Thousand ) only, from the petitioner as a security money / cheque, in the year 2007.

3 : That the accused persons subsequently on considering the good financial transaction of the petitioner with them they agreed to enhance the over draft limit time to time and up-to 12,50,000/- ( Rupees Twelve Lakhs and Fifty Thousand ) only, and whereas the financial transaction continued with the said Branch of ICICI Bank Limited, in accordance with the terms and conditions setforth by them.

4 : That it is pertinent to mention here that the said security cheque being no. 726712, of IDBI Bank, Brabourne Road Branch, Kolkata, of Rs. 2,50,000/- ( Rupees Two Lakhs and Fifty Thousand ) only, has been signed by the petitioner and the said amount has been written by your petitioner, though the name of the Bank has not been written and left blank, and the date on the said cheque was also left blank, it is also stated that the petitioner have written “not exceeding interest on applicable amount of Rs. 2.5 Lakh” the said thing has been done in accordance with the asking of the personnel of the said branch of the ICICI Bank Limited.

5 : That the petitioner got astonished while he received one Notice under Section 138 of N.I.Act, on 8^th July’ 2010, at his office premises being no. 23A, Netaji Subhas Road, 7^th Floor, Room No. 35, Kolkata – 700 001, stating inter alia about the said Cheque being no. 726712, of IDBI Bank, Brabourne Road Branch, Kolkata, for the amount of Rs. 12,50,000.00 ( Rupees Twelve Lakhs and Fifty Thousand ) only.

6 : That thereafter the petitioner contacted OD Manager Sri Viplab Kabiraj, and Sri Bidhan Mukherjee, at the said branch of ICICI Bank Limited, to know that how they did manipulate the said cheque and why they did so, then they  behaved rudely and asked to meet with Sri Pranjit Neog, Branch Manager, of the said Branch of ICICI Bank Limited, the petitioner met with him, though he also did not answer about the same, and said that “you have issued the cheque and you know better” on hearing such thing petitioner contacted his IDBI Bank at Brabourn Road Branch, and collect a Xerox copy of the said Cheque from them on several request, and wherefrom it is very clear and evident that they [ OD Manager Sri Viplab Kabiraj, and Sri Bidhan Mukherjee, and Sri Pranjit Neog, Branch Manager of the ICICI Bank Limited ] have under their conspiracy, manipulated the cheque and made out for the amount of Rs. 12,50,000.00 ( Rupees Twelve Lakhs and Fifty Thousand ) only, from Rs. 2,50,000/- ( Rupees Two Lakhs and Fifty Thousand ) only, and thus they thereby played fraud and placed a fraudulent documents as a genuine one for misappropriation of money and others, which has been entrusted to them, on good faith.

7 : That the petitioner lodge this fact with the Hare Street Police Station by his written complaint dated 13^th August’ 2010, and whereas he also served copy to Commissioner of Police, Kolkata Police, and Joint Commissioner of Police ( Crime ), D.D. Kolkata Police, though nothing has been registered and enquired about the complain made by the petitioner till date only due to the in action of Police.

8 : That your petitioner, seeing no other alternative, filed this instant petition, before your Honours’ Court, since the place of occurrence and cause of action is within the jurisdiction of this Ld. Court.

9 :        That the accused persons, committed the offences punishable under section 468, 469, 471, 406, 420, and 120 B, of the Indian Penal Code’ 1860.

10 :      That your Petitioner crave leave to produce the relevant documents and / or papers at the time of the investigation.

11 :      That this instant Petition is made bona-fide and in the interest of Justice.

In the circumstances, it is therefore prayed that your Honour would be graciously be pleased to allow this instant petition under section 156 (3) of the Code of Criminal Procedure’1973, and to direct the Officer in Charge of the Hare Street  Police Station, to treat this petition as F.I.R. and cause the necessary investigation in the matter of this instant petition and / or pass such other necessary order or orders as your Honourship may deem fit and proper for the end of justice.

And for this act of kindness, your Petitioner, as in duty bound shall ever pray.

Verification

I, Devender Kumar Jain, the Complainant above named, made this instant application under section 156 (3) of the Criminal Procedure Code’ 1973, and whereas the material facts and circumstances as mentioned herein above in the forgoing paragraphs are true to the knowledge and belief and I verified this instant application as on ………………the day of ………………2010, at the Court Premises, Kolkata.

                                                                                    Devender Kumar Jain

                                                                                    Identified by me,

           

                                                                                    Advocate.

Prepared in my office,

Advocate.

Dated :……………………..

Place : Bankshall Court, Kolkata.