NEW DELHI, Aug 1: A Delhi court has dismissed a revision petition filed by the Delhi Government’s Directorate of Employment seeking the registration of an FIR against a private firm and its signatory for allegedly “misappropriating government money” of around 1.94 lakh through fraud.
The court said that since the Government department is already in possession of all relevant documents and the identity of the accused is known, a police investigation is not required.
Additional Sessions Judge Dhirendra Rana was hearing a revision plea by the department against a magistrate’s order of August 2023, rejecting a plea seeking the court’s direction to register an FIR against the company and its signatory for “dishonestly and fraudulently misappropriating government money through fraud and cheating.”
According to the complaint, the department had issued a tender for “unserviceable items” in 2012, following which the company took the items and provided two demand drafts totalling around Rs 1.94 lakh.
It said that the drafts were not credited due to late submission by the department, and later the bank informed the department that they had been cancelled, based on the company’s request.
The accused alleged the supplied goods were substandard and therefore, payment to the department was withheld.
In an order dated July 14, the court said, “All the documents pertaining to the tender process are in the possession of the department. The documents pertaining to handing over the goods to the accused persons, the copy of demand draft submitted by the accused persons and further communication done by the department in this regard are all matters of record and in documentary form.”
It said the identity of the accused persons is known to the complainant department, and recovery of any case property for which police investigation would be required is not to be done in the present case.
“All these records can easily be proved by the complainants in pre-summoning evidence, and no police investigation is required,” the court said.
Underlining that there was no illegality, infirmity and error in the Magistrate’s order, the judge said, “I find no merit in the present revision petition, and same is dismissed.” (PTI)
