Additional Sessions Judge Narinder Kumar dismissed Rakesh Gupta's plea for direction to the police to register an FIR against his brother and sister-in-law for allegedly stealing a cheque signed by him, presenting it to a bank for encashment and then filing a complaint against him for its dishonouring.
Gupta had moved the sessions court in appeal against a magisterial court order dismissing his plea.
The court held that as Gupta himself was in possession of evidence to prove his allegations, the case did not warrant lodging of an FIR and subsequent probe by the police.
"In this complaint case, petitioner (Gupta) has been given the opportunity to lead evidence. This is not a case where complainant needs assistance of police in investigation of the matter regarding handwriting and signatures.
"The trial magistrate has rightly observed that requisite record in respect of cheque is with the complainant. He knows the name and particulars of the accused," the ASJ noted.
Gupta had sought registration of the FIR for offences of theft, cheating, extortion, dishonest misappropriation of property and forgery while alleging that a cheque bearing his signature was left unfilled in his drawer in his shop where he and his brother used to keep all the cheque books of various banks relating to their individual as well as firm's accounts.
He alleged that his brother had stolen the said cheque, fabricated it and ultimately on its basis filed a complaint for cheque bounce against him.
