New Delhi, May 9 (PTI) A court here has pulled up Delhi police for ignoring the established statutory law in a case of cheating.
The court gave protection from arrest till further orders to the three accused in the alleged case of cheating by mortgaging the gold-plated metal ornament made up of bronze and silver for the sum of Rs 30 lakh, claiming as genuine gold.
“I am shocked by the manner in which the SHO (station house officer) Police Station Karol Bagh has tried to play with words in the response (sought by the court) by ignoring the existing law of the land with regard to the money lending activities, particularly those which have been camouflaged as friendly loans wherein the parties were actively involved in transaction which is parallel banking and by ignoring the litigation pending at Rajasthan courts,” Additional Sessions Judge Kamini Lau said.
The judge noted that the complainant as well as the accused had camouflaged the money as friendly loans wherein the parties were actively involved in transactions which are parallel banking.
She also noted that the complainant, as well as the accused, had filed separate cases against each other.
She directed that no coercive steps be taken against the accused – Pradeep Soni, Lokesh Soni, and Mithilesh Soni – till further orders.
The judge further said that without the investigating agency first justifying their acts of ignoring the established statutory law, it does not behove the SHO to talk about incriminating material whose jurisdiction does not arise till such time the issue regarding jurisdiction of Delhi Police to proceed further with the investigations after invoking the laws on the subject, are dealt with.
“The investigations prima facie appear to be tilted,” the judge said in an order passed on May 5.
The court said that the complainant himself was guilty of the violation of the existing law of the land relating to money-lending without registration or license which bars filing of any civil proceedings and in many States also entails penal consequences for such violations.
Running of Financial Institutions/Transactions in gross violation of existing laws cannot be encouraged as they tend to have an adverse impact on National Economy, the court said.
“I note that the Investigating Agency has conveniently ignored and overlooked the illegality involved in the transactions being carried out by both the parties and the violation of the statutory law and RBI Rules barring institution of Civil Proceedings and entailing criminal liabilities (in some States),” the judge said.
The judge further noted that the investigating officer (IO) of the case had moved an application before a magisterial court for obtaining the non-bailable warrants (NBWs) against both the accused persons, but the SHO has instructed the concerned IO to immediately withdraw the said applications from the court of the Metropolitan Magistrate.
“Be listed for personal appearance of the ACP concerned along with the further report on May 25,” the judge said.
The judge further directed that a copy of the order be sent to the Joint Commissioner of Police concerned with directions that considering the technicalities involved further investigations in the present case be conducted by an officer not less than the rank of an Inspector specialized in the subject, under the personal supervision of the DCP concerned.
The accused persons had moved the anticipatory bail applications on the ground that they were innocent and they were apprehending their arrest by the police of Police Station Karol Bagh in the present case.
The application claimed that the accused were falsely named in the case under the pressure of the complainant with his malafide intention to extort illegal money from them and their family members only without jurisdiction or cause of action.
The FIR was lodged at Sardar Shahar, District Churu, Rajasthan, under sections 420 (cheating), 406 (criminal breach of trust), and 34 (common intention).
According to the prosecution, the complaint was filed by one Anjani Karel, stating that the accused approached the complainant for financial aid and wanted to mortgage the finished/unfinished gold kundan ornaments based on a misrepresentation made by the accused person, the complainant agreed to assist them financially.
According to the complainant, the gold ornaments which were mortgaged by the accused persons were claimed to be genuine gold and by mortgaging the gold ornaments, they received a sum of Rs 30 lakh from the complainant after charging interest thereupon.
When he demanded his money back from the accused persons, they did not repay the amount on one pretext or the other, after which the complainant became suspicious and went to the local laboratory to check the genuineness of the mortgaged gold where he came to know that the mortgaged gold kept with him, was only gold plated and rest of the material is made up of bronze and silver, the complaint said. PTI UK RKS RKS
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Source: The Print
