TaxTMI 
TaxTMI 
2008 (3) TMI 795
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....dard Chartered Bank (`Bank') Indian Express Building, Bahadur Shah Zafar Marg to his brother Rakesh Sharma who was a journalist and who died on 19th October, 2004 The alleged threats were about the non-payment of credit card dues by Shri Rakesh Sharma. The complaint was registered as FIR No. 129/2005 dated 23rd March, 2005 under Section 506 IPC at P.S. Pahar Ganj, Delhi. 3. The Kalandara proceeds to state that the ASI Shri S.P. Singh attached to P.S. Pahar Ganj visited the Bank on various dates and served notices under Section 160 CrPC on its legal officers through Shri Megh Singh, the Petitioner No. 2 in Crl.M.C. No. 3935-36 of 2006 on 3rd and 20th June 2005, 18th July 2005, 19th September 2005 and 29th October 2005 and that they did not give any information on the whereabouts of Shri Tushar Dhar and other employees named in the FIR. The Kalandara states that the officer met Smt. Meera Kapoor the Petitioner in Crl.M.C. No. 1144 of 2006, who is in-charge, Legal Cell of the Bank on 31st March 2005 and 14th April 2005, Shri Khalid Safi-ulah the Petitioner No. 1 in Crl.M.C. No. 3935-36 of 2006, who is the Legal Officer of the Bank on 24th May 2005, 18th July 2005 and 17th Augus....
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....drawn my attention to the Kalendra prepared by the police where there is no mention of the notice to the petitioner. The notice was given to Mr. Umed Singh and not to the petitioner. The petitioner is the Law Officer and was under legal obligation to produce certain documents only on being issued written notice under Section 91 Cr.P.C. It was the duty of the police officer to issue written notice under Section 91 Cr.P.C. and it does not seem to have been done in this case. Accordingly the proceedings before the trial court shall remain stayed. The trial court record including the Kalendra be summoned for the next date of hearing. List on 12th September, 2006. dusty. In the accompanying petition, Crl.M.C. No. 3935-36/2006 by an order dated 10th July 2006 while directing notice to the Respondents, this Court stayed the proceedings in the trial court. The record of the case has been perused by this Court. 6. From the record it is seen that the notices issued by Investigating Officer Shri S.P. Singh have been attached to the Kalandara. The first notice dated 3rd June 2005 was issued to 'The Standard Chartered Bank B.S.Z. Marg, New Delhi' which mentioned about the death of....
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..... Tushar Dhar was part of this organization but has left it some months back. We have written to our HR department seeking his details and will be inform you if any information is given to us regarding him in due course. There is an acknowledgment of that date on the letter and in any event this is mentioned in the Kalandara. However, a copy of this letter is not annexed to the Kalandara. 10. It appears that on 14th December 2005 after the Kalandara was filed in the court, the authorised signatory of the Bank sent another letter to the ACP enclosing a whole set of documents. The said letter contains the acknowledgment with seal dated 14th December 2005 of the office of the ACP. The said letter reads as under: Mr. M. R. Gothwal Date: 14th Dec. 2005 Asstt. Commissioner of Police Police Station, Paharganj New Delhi Sir, Please find enclosed all the documents as required by you. 1) Name and addresses of the officers Encl. 2) Name of the Agencies. Agency owner and the Address Encl. 3) Email ID's of the agencies Encl. 4) List of officers responsible for collection Encl. 5) Our manual which....
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....t to have issued summons without applying mind to the basic requirement that Section. Mr. Saxena, the Learned APP appearing for the State could not dispute the factual position. 13. Section 175 IPC reads as under: 175-Omission to produce document or electronic record to public servant by person legally bound to produce it. Whoever, being legally bound to produce or deliver up any 1[document or electronic record] of any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or, if the [document or electronic record] is to be produced or delivered up to a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 14. It is clear, Therefore, that the offence under Section 175 IPC is attracted only in the event of an omission to produce any 'documents or electronic record to public servant' and further there must be an intentional omission to produce or deliver up such document or electronic ....