Crl. Misc. No. M- 28490 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 28490 of 2010 (O&M) Date of Decision: September 27, 2010 Surender Kumar Verma ........Petitioner Versus State of Haryana ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. L.R. Sharma, Advocate, for the petitioner. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.315 dated 6.9.2010, under Sections 406,420 of Indian Penal Code (in short 'IPC') registered at Police Station Model Town, District Rewari. The contents of the FIR (Annexure P-1) read as under :- “To the S.P. Rewari. Subject : Complaint for taking action against Surender Kumar Verma resident of Sonia Nursing Home, Vijay Nagar, Rewari, Tehsil and District Rewari. Sir, it is requested that I am working as Clerk-cum-Cashier in Allahabad bank Branch, Rewari. On 30.7.2010 one customer namely Surender Kumar Verma resident of Sonia Nursing Home, Vijay Nagar, Rewari, Tehsil and District Rewari who is having saving Account No.466 in this Bank came there. He filled a withdrawal form of Rs.11,70,000/- and give Crl. Misc. No. M- 28490 of 2010 (O&M) 2 Rs.80,000/- in cash and the amount given of Rs.12.50,000/- which were deposited vide credit slip, in Account No.1293 which is an account in the name of Chottanal and Bharpai Devi who are the father and mother of Surender Kumar Verma. I have issued receipt against that. During this when I was completing the computer entries of the above forms then Surender Kumar who is a very clever and shrewd kind of man intentionally give me two withdrawal forms of Rs.12,50,000/- and Rs.15,84,000/- and told me that give me Rs.40,04,000/- as I am in hurry and I have to execute a registry and time is very short so kindly give me payment immediately. I while acting on three withdrawal forms which were given by Surender Kumar Verma give Rs.40,04,000/- in the shape of 504 notes of Rs.1,000/- and 7000 notes of Rs.500/- which was an excess amount of Rs.11,70,000/- given to Surender Kumar Verma through his withdrawal form against his Account No.1293. When I found that Surender Kumar Verma very cleverly and dishonestly, intentionally give to withdrawal forms just to defraud the bank and get the amount, told me to give me Rs.40,04,000/- instead of Rs.28,34,000/-. In this way he has grabbed Rs.11,70,000/- over and above his amount. In the evening I got this amount deposited in the Bank while taking it from one of my friend and another Bank employee and later on I meet with Surender alongwith my relations friends and bank staff. I requested him to refund Crl. Misc. No. M- 28490 of 2010 (O&M) 3 Rs.11,70,000/- which was taken by him while adopting wrong ways. On this Surender reacting otherwise and refused saying that I have not received nay amount and said that you are requested not to talk unnecessarily. He further said whatever you want to do you can do. I filed a complaint in this regard in Police Station Model Town but I was given only assurance and on my complaint no action was taken. On this reason I have came to you. Sir, I am requesting you to take stern action against Surender Kumar Verma. I shall be highly thankful. Thanks. Place Rewari. Applicant Sd/- Rakesh Kumar Yadav, Clerk-cum-Cashier, Allahabad Bank Branch Officer Rewari, Branch Rewari, District Rewari. 31/8/10.” Learned counsel for the petitioner has submitted that the petitioner had received the amount in question only once and has been falsely involved in this case. After hearing the learned counsel for the petitioner, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out. The allegations levelled against the petitioner are serious in nature. As per the prosecution case excessive payment of Rs.11,70,000/- has been made to the petitioner. Petitioner might be required for custodial interrogation. Dismissed. (SABINA) September 27, 2010 JUDGE Anand