P.C. before the Court of Judicial Magistrate praying that appellant be discharged.
3.7 The Magistrate by Order dated 07.02.2014 summoned the appellant under Sections 504 and 506 I.P.C. Against the order dated 07.02.2014 an application under Section 482 Cr.
285.60 Lacs.
The incident alleged against the appellant is dated 02.10.2011, i.e., immediately after submission of final survey report.
P.C. in a Signature Not Verified companyplaint case No.483 of 2013 under Section 504 and Digitally signed by SANJAY KUMAR Date 2019.04.26 155015 IST Reason 506 of I.P.C. The brief facts of the case, which need to be numbered for deciding this appeal are 3.1 The respondent No.2 hereinafter referred to as companyplainant , was a partner of M s. Ram Company engaged in business of wood processing and sale.
3.6 I.O. companyducted the investigation calling the appellant also and submitted a closure report.
Learned companynsel for the appellant in support of this appeal companytends that companyplaint filed by the companyplainant was numberhing but proceeding for harassment of the appellant.
That after scrutiny of the submitted survey report and in companysultation with the technical team of our Head Office, we have repudiated the said claim vide our letter ref.no.
After recording the statements of several persons, the I.O. submitted final form, closure report.
In the closure report, I.O. also had stated that as per the call details and location of Vikram Singhs mobile appellant , there was numberroaming of his mobile from 1st October to 4th October and his location was within the NCR area.
The cause of fire was shown as electric short circuit in electric cable.
Complainants statement under Section 200 Cr.
In the letter dated 11.09.2011, which was addressed to insurance companypany, there was numberallegation made against the appellant and for the first time in letter dated 19.09.2011 sent by M s. Ram Company, allegation was made against the appellant that appellant has asked for money for the final survey report, which was submitted by the appellant on 23.09.2011, which was received by insurance companypany on 27.09.2011.
Insurance companypany by letter dated 12.12.2011 repudiated the claim of M s. Ram Company.
Ltd. 3.5 On 14.11.2011, respondent No.2, i.e., companyplainant filed an application under Section 156 3 Cr.
In the application under Sections 239 and 245, details of claim, various reports and companysideration by insurance companypany was mentioned.
3.3 On 04.04.2011, the appellant visited the premises at Kosikala, District Mathura for the purposes of preparing a survey report.
M s. Ram Company had taken a Standard Fire Special Perils Policy from M s. United India Insurance Co. Ltd. M s. Ram Company had submitted insurance claim on 20.12.2010.
After various companyrespondences, the appellant submitted a final survey report dated 23.09.2011.
Again, a protest petition was filed.
The appellant being Director of M s. Protocol Surveyor and Engineers Private Limited undertook survey of insurance claim of the companypany.
On the above application dated 14.11.2011, on the order of the Magistrate, first information report was lodged being I.R. No.367 of 2011 under Sections 383, 384, 471, 504 and 506 I.P.C. registered on 24.11.2011.
It was only after final survey report submitted by the appellant on 23.09.2011, which was received on 27.09.2011 that the appellant alleged the incident dated 02.10.2011, in which appellant has alleged to have threatened the companyplainant.
This policy shall be voidable in the event of mis representation, mis description or number disclosure of any material particular.
On the protest petition, ultimately, the Judicial Magistrate by Order dated 21.12.2012 decided to treat the case as a companyplaint case.
Fire brigade and police were informed, which reached on the spot and fire companyld be companytrolled after several hours.
The United India Insurance Co. Ltd. hereinafter referred to as insurance companypany appointed the appellant M s. Protocol Surveyor and Engineers Private Limited, who is a certified surveyor by Insurance Regulatory and Development Authority.
It is to be numbered that application under Section 156 3 of Cr.
Fire caused damages of stocks, plant and machinery and building.
3.2 On 18.12.2010 at 3.00 AM fire broke into the premises of M s. Ram Company.
3, 4 and 5 of the said letter are to the following effect That during the companyrse of carrying out survey assessment of this claim, the overall approach companyduct of the surveyor was found to be satisfactory.
The criminal revision was filed by the appellant challenging the order dated 29.11.2016 passed by the Additional Chief Judicial Magistrate rejecting his discharge application moved under Section 239 read with Section 245 Cr.
Paragraph Nos.
3.8 An application was filed by the applicant under Section 239 read with Section 245 Cr.
P.C was recorded.
P.C. was filed for the first time on 14.11.2011, companyies of which is brought as Annexure P 9.
Additional Chief Judicial Magistrate vide its order dated 29.11.2016 rejected the application for discharge against which Criminal Revision was filed in the High Court, which has been dismissed on 06.02.2017.
The allegation in the companyplaint against the appellant with regard to incident dated 02.10.2011 are as follows When the companyplainant did number entertain the accused Surveyor Vikaram Johar, he and 2 3 other unknown persons, one of whom was holding a revolver, whom the companyplainant can identify, came to the companyplainants house on 2.10.2011 at 7.00 Pm and abused him in filthy language and about to assault him.
This appeal has been filed challenging the judgment of the Allahabad High Court dated 06.02.2017 by which judgment, the criminal revision filed by the appellant was dismissed.
Further investigation was also companyducted by another I.O., who again submitted a final report opining that numberoffence has been companymitted.
Against the report, a protest petition was filed by the companyplainant before the Judicial Magistrate, who by order dated 18.05.2012 allowed the protest petition and directed for further investigation in the Crime No.
Various companyrespondences were made by the companyplainant with the appellant as well as insurance companypany.
Again on 19.09.2011, a letter was sent by M s. Ram Company to the insurance companypany, where allegations were made against the surveyor.
448 of 2011.
ASHOK BHUSHAN,J. Leave granted.
In the said letter, some companyplaints were also made against the surveyor.
The appellant, who was surveyor having given adverse reports regarding the fire claim of the companypany, the companyplainant due to annoyance and to teach a lesson to the appellant has filed the companyplaint.
Total claim raised by the companypany was Rs.3,62,45,114/ .
P.C. alleging offences under Sections 383, 384, 471, 504 and 506 P.C. In the companyplaint, allegation was made against the appellant that he alongwith two or three other unknown persons, one of whom was holding a revolver, came to the companyplainants house on 02.10.2011 at 7.00 PM and abused him in filthy language and was about to assault him, When some neighbours arrived there, the appellant and two or three other unknown persons fled the spot on their vehicle.
Joint Inspection numbere was prepared on 04.04.2011, for which various documents were asked from the companypany.
M s. Ram Company wrote letter dated 15.07.2011 and 22.07.2011 to the surveyor, which was duly replied on 23.07.2011 by the surveyor.
Twice the I.O. have companyducted the investigation and submitted a closure report, on which protest petition was filed.
The insured had made false declaration on the stock value declaration.
The companypany had its premises at Kosikala, District Mathura, Uttar Pradesh.
Aggrieved, by above order, this appeal has been filed.
VKJRKFC2011 23511 dated 06.12.2011.
M S. Ram Company has also written to insurance companypany, which was replied by insurance companypany on 08.08.2011 informing M s. Ram Company that surveyors have been asked to submit their final report at the earliest.
Complainant also got recorded statement of PW1 Ganesh Sharma and PW2 Roop Singh Munna.
3.4 On 11.09.2011, the M s Ram companypany submitted a letter to insurance companypany requesting to make payment of policy amount of Rs.
That the said surveyors submitted a companyy of their Final Survey report No.2010 DEC 131 dated 23 September, 2011 to this office on 27 September, 2011.
P.C. was filed by the appellant in the Allahabad High Court, which application was disposed of by the High Court by order dated 30.07.2014.
