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Girish Narain Tiwari v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 12318 of 2006 [2006] RD-AH 17913 (18 October 2006)


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Crl. Misc. Writ Petition No. 12318 of 2006

Hon'ble Sushil Harkauli J.

Hon'ble Pankaj Mithal, J.

The allegation is that the petitioner along with his brothers and father in collusion took delivery of a cheque containing the amount of Provident Fund of one Moti Lal Ram. This amount must have been given by an "Account Payee Cheque" and the name of the "Payee" on the cheque could not have been other than Moti Lal Ram. Even if delivery of such a cheque was taken by the petitioner or his brothers or father, it was of no use unless the petitioner opened a fresh bank account in the name of Moti Lal Ram, in which that cheque was deposited.

No account in a bank can be opened without the photograph of the account-holder. Because, the petitioner has denied his involvement, therefore, we direct that the Investigating Officer of case crime No. 156 of 2006, will first find out from the bank concerned where the cheque has been deposited and see the photograph of the account-holder and the petitioner will not be arrested in the aforesaid criminal case unless, the photograph on the bank papers tallies with the face of the petitioner.

S/Sri Sudhakar Pandey and Krishna Mohan Singh, who have filed their vakalatnamas on behalf of the complainant may be kept on record. It will be open to them to move an application for impleadment of Moti Lal Ram as respondent.

A counter may also be filed along with the impleadment application within a week.

Dated : October 18, 2006



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