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Tuesday, July 27, 2021

Delhi sessions court orders reopening fraud case, raps trial court for accepting closure report

The sessions court observed that the trial court order "suffers from an apparent error of law which would occasion injustice."

Written by Anand Mohan J | New Delhi |
July 5, 2021 5:45:01 pm
bank fraud casedditional Sessions Judge Sanjay Sharma passed the order in a criminal revision petition filed by the petitioner, advocate Satvir Singh Dalal | Representational image

Setting aside a trial court judgement that accepted the police’s closure report in a bank fraud case, a Sessions Court has ordered re-investigation of the matter, observing that the trial court order “suffers from an apparent error of law which would occasion injustice.”

Additional Sessions Judge Sanjay Sharma passed the order in a criminal revision petition filed by the petitioner, advocate Satvir Singh Dalal.

“This Court is of the considered opinion that the trial Court accepted the ‘untraced report’ mechanically without applying its judicial mind and failed to consider the aforesaid infirmities and deficiencies in the investigation. The impugned order suffers from an apparent error of law which would occasion injustice, if it is allowed to stand,” the court said in its order.

Dalal had alleged that one Ajay Sharma, a final year law student who retired from the Navy, approached him to learn drafting and court proceedings in 2010. Sharma then left Delhi under the pretext of treating his daughter for a brain tumor. Dalal alleged that after Sharma left, he found his bank passbook and one cheque missing. Dalal told the court that Sharma forged his signatures and fraudulently withdrew Rs 6,88,000 from his bank account.

The police had filed a chargesheet in the case along with two ‘untrace’ reports in the case. The trial court accepted the second untrace report, following which Dalal approached a Sessions Court.

ASJ Sharma found 11 deficiencies with the police investigation. The ASJ stated that the investigating officer “did not ascertain the angle of collusion of the bank officials with the offender”. That the IO “merely contended with affixation of his photographs (Sharma) at the premises of the Court complexes in Delhi; and “did not obtain the special features like dialect and appearance of the offender to ascertain the region of the offender so that he could make further search in the said areas.”

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