Disposed

Mahindra and Mahindra Financial Services Ltd. through Sh. Chanpreet Singh, Business Head v. State of Mizoram and Anr.

Gauhati HC11 Nov 2024Crl.Pet./21/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of an anticipatory bail order granted to respondent No. 2 in a fraud and forgery case. The Investigating Officer had prayed for discharging respondent No. 2 while filing the charge-sheet. The High Court disposed of the petition directing the jurisdictional Court to pass necessary orders in accordance with law after scrutinising the case diary.

What the court decided

AI extract

Mahindra and Mahindra Financial Services Ltd. through Sh… — Quashing and FIR | Gauhati HC (2024)

¶1

Page No.# 1/3

¶2

GAHC030005092024

¶3

THE GAUHATI HIGH COURT

¶4

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : Crl.Pet./21/2024

¶6

Mahindra and Mahindra Financial Services Ltd. through Sh. Chanpreet Singh, Business Head 2nd Floor, Peter Street, E-18, Above Axis Bank, Khatla

¶7

VERSUS

¶8

State of Mizoram and Anr. Aizawl2:Mr. Sandeep Sarma

¶9

Advocate for the Petitioner : Mr. Naresh Kaushik, Sr. Adv.

¶10

Advocate for the Respondent : P.P./Addl.PP, Mizoram for R1

¶11

ORDER

¶12

BEFORE HONOURABLE MRS. JUSTICE S.P. KHAUND

¶13

12.11.2024

¶14

Learned counsel, Mr. C. Zoramchhana is present on behalf of the petitioner, Mahindra & Mahindra Financial Services Ltd., learned counsel, Mr. A.R. Malhotra is present on behalf of the respondent No. 2 and learned Public Prosecutor, Mrs. Linda L. Fambawl is present on behalf of the State respondent.

¶15

The petitioner has filed this petition under Section 483(3) Cr.PC read with Section 528 of the Bharatiya Nagaarik Suraksha Sanhita (BNSS), 2023 for

¶16

Page No.# 2/3

¶17

quashing the impugned Order dated 02.07.2024 passed by the Court of the Addl. Sessions Judge, Aizawl Judicial District, Aizawl in connection with Anticipatory Bail Application No. 35/2024, granting bail to the respondent No. 2, Mr. Sandeep Sarmah.

¶18

It is submitted that the petitioner lodged an FIR with the Police at Aizawl Police Station against Jakir Habbibur Hussain and others with allegations of fraud and forgery. The FIR was registered in connection with C&EO No. 3/2024.

¶19

Meanwhile, the business head of the petitioner learnt that Jakir Habbibur Hussain had impersonated him with an aid of his co-conspirators and had created a fake entity, i.e., Mahindra Financial Services Limited or MMFSL and executed fraudulent transactions in connivance with car dealers including the present respondent No. 2 and other co-accused persons using a fraudulent bank account of Mizoram Rural Bank. Accordingly, the P.S. Crime & Economic Offences (C&EO) was registered as C&EO No. 3/2024 for punishable under Sections 408, 419, 466, 467, 468, 472, 471, 477A, 120B r/w 34 of IPC.

¶20

It is submitted that Charge-sheet has been laid in connection with Aizawl P.S Case No. 96/2024. Charge-sheet as well as supplementary Charge-sheet has been laid.

¶21

It is submitted at the bar that as the respondent No. 2 was not found involved in the fraud and forgery activities, while filing Charge-sheet, the I.O has prayed for discharging the respondent No. 2.

¶22

I have scrutinized the CD.

¶23

As there is a prayer by the I.O to discharge the respondent No. 2, this petition is disposed of with a direction to the learned jurisdictional Court to pass necessary orders in accordance with law.

¶24

Page No.# 3/3

¶25

In terms of the above observation, this petition stands disposed of.

¶26

Send back the CD.

¶27

JUDGE

¶28

Comparing Assistant

Mahindra and Mahindra Financial Services Ltd. through Sh. Chanpreet Singh, Business Head v. State of Mizoram and Anr.

Case brief

What is this about?

What the court decided

Mahindra and Mahindra Financial Services Ltd. through Sh. Chanpreet Singh, Business Head v. State of Mizoram and Anr.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Lalzuali and Anr. Vs Sh. B. Sanghnuna Now dead substituted by his son David Lalchhuanawma and 5 Ors.

Sh. Rosangpuia Vs The State of Mizoram and Anr.

Sh. R.Lalruatpuia and 2 Ors. Vs Dr. Renu Sharma and 4 Ors.

Mahindra and Mahindra Financial Services Ltd. Vs State of Mizoram and Anr.

Mahindra and Mahindra Financial Services Ltd. Vs State of Mizoram and Anr.

Mahindra and Mahindra Financial Services Ltd. Vs State of Mizoram and Anr.