High Court Punjab-Haryana High Court

Narinder Kumar Gupta vs State Of Punjab on 30 July, 2009

Punjab-Haryana High Court
Narinder Kumar Gupta vs State Of Punjab on 30 July, 2009
Crl.M.No.M-16840 of 2009             -1-


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                               Crl.M.No.M-16840 of 2009

                               Date of Decision: 30.7.2009

Narinder Kumar Gupta

                                                 ....Petitioner.
Vs.

State of Punjab

                                                 ..Respondent.


CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN


Present :    Mr.N.S.Dadwal, Advocate for the petitioner.

             Mr.Ranbir Singh Rawat, AAG Punjab.

             Mr.L.S.Sidhu, Advocate for the complainant.

RAKESH KUMAR JAIN, J.

The petitioner has applied for anticipatory bail in case

registered vide FIR No.95 dated 6.5.2009 under Sections

420/409/467/468/471 IPC at Police Station Division No.5, Ludhiana.

The FIR has been registered at the instance of Rajinder Singh

Pathania, General Manager of Transcorp International Limited in which he

has alleged that the Company is doing business of money changing having

its Branch office at 238, Opposite ESI Hospital, Bharat Nagar Chowk,

Ludhiana which was looked after by the petitioner as Branch Manager. It is

further alleged that the petitioner had cheated Company for a sum of

Rs.26.37 lacs by sale of Company’s Travellers Cheques. He was supposed to

send the said cheques to the Corporate Office at New Delhi but instead of

sending the same, he used the said amount of Rs.26.37 lacs for his personal
Crl.M.No.M-16840 of 2009 -2-

use which was detailed in the FIR. It is alleged that in the account books of

Ludhiana Branch, cheques of the aforesaid amount were shown to have

been transferred but actually no amount was transferred to the Corporate

account.

Before coming to this Court, the petitioner had applied for

anticipatory bail before the Court below which was dismissed vide order

dated 15.6.2009.

Learned counsel for the petitioner has argued that the petitioner

has been falsely implicated. According to him, travel agent Atul Sharma

was dealing with Complainant Company for exchanging the currency of

different countries. He induced the Company that his clients who have to

travel abroad, need currency of different countries and on this pretext he had

taken the currency of the different countries through the complainant’s

company. It was also submitted that even the petitioner had moved

application to the police for registration of case against Atul Sharma.

On the other hand, learned counsel for the State has argued that

the petitioner is trying to shift his burden upon Atul Sharma whose

whereabouts are not known. It is also submitted that there is a huge amount

of Rs.26.37 lacs approximately involved in this case which has been

converted by the petitioner for his personal use which is yet to be recovered,

therefore, custodial interrogation of the petitioner is required.

After hearing the learned counsel for the parties and keeping in

view the facts and circumstances of the present case, I am of the view that

as there are direct allegations against the petitioner of misappropriation of

Rs.26.37 lacs approximately and the said Atul Sharma has also not been

apprehended nor his whereabouts are known, the petitioner does not deserve
Crl.M.No.M-16840 of 2009 -3-

the concession of anticipatory bail. Hence the petition is hereby dismissed.

It is, however, made clear that this order shall not be deemed to be an

expression of this Court on the merits of the case.




                                        (RAKESH KUMAR JAIN)
30.7.2009                                     JUDGE
Meenu