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Judgment
N. Ananda
The petitioners have sought for quashing of first information in Crime No. 104/2011 registered for offences punishable under Sections 417, 420, 465, 468 r/w 34 IPC. The first respondent had filed a complaint u/s 200 Cr.P.C, which was referred to jurisdictional police u/s 156 (3) Cr.P.C. consequent to which first information was registered. The matter is at the threshold of investigation.
The Learned Counsel for petitioners submits that third petitioner was minor as on the date of transfer of money by first respondent in the name of third petitioner. Therefore, no criminality can be attached to him.
The Learned Counsel for first respondent would submit that, on the instructions given by first and second petitioners, money was transferred it. the form of Demand Draft, in the name of third petitioner though he was a minor.
On the basis of these submissions, it can safely be inferred that, at the relevant time, third petitioner was not aware of financial transactions, which had taken place between petitioners No. 1 & 2 and first respondent. Therefore, the allegations of complaint accepted on their face value do not constitute offences alleged against third petitioner. In view of this, complaint registered against third petitioner is quashed.
As regards petitioners No. 1 and 2 and first respondent, there appears to be some transactions to circumvent the provisions of Income Tax Act. The transactions are not transparent. At the relevant time, first respondent was residing in United States of America. He had transferred money by way of Demand Draft in the name of third petitioner on the instructions given by petitioners No. 1 and 2. According to first respondent, it was a loan accommodation. As per the returns filed by petitioners No. 1 and 2, first respondent had gifted the aforesaid sum.
Therefore. I am of the considered opinion that matter warrants investigation not only against petitioners No. 1 & 2 but, also against the first respondent. The petition is dismissed with these observations.