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Judgment
139 paragraphs · 850 wordsGurvinder Singh Gill, J
The petitioner has approached this Court seeking grant of anticipatory bail in a case registered vide FIR No.146 dated 19.9.2019 under Sections 420, 408/120-B IPC at Police Station Sirhali, District Tarn Taran.
The FIR in question was lodged at the instance of Awan Kumar, partner of Vikram Bharat Gas Agency, wherein it is alleged that he had employed Kuldeep Kaur (petitioner) as a Manager to look after his gas agency. It is alleged that Kuldeep Kaur alongwith her husband and other members of his family and also alongwith Angrej Singh and other employees of the agency and distributors had committed a fraud worth crores of rupees and had been depositing lesser amount in the bank from the proceeds of sale of cylinders and had been showing unnecessary expenses on account of which the agency suffered losses worth crores of rupees.
The learned counsel for the petitioner has submitted that a false FIR has been lodged against the petitioner and other members of her family on account of certain differences having cropped up between the complainant and the petitioner who was working as Manager in the gas agency of the complainant. It has been submitted that vague allegations have been levelled in the FIR and that there is no specific instance of any embezzlement or misappropriation.
Opposing the petition, the learned State counsel assisted by counsel for the complainant has submitted that the petitioner is specifically named in the FIR and being Manager of the gas agency, it is the petitioner herself who had complete domain over the affairs of the gas agency and that as such, it is the petitioner who has to be held responsible for the financial losses caused to the gas agency on account of financial irregularities and misappropriations.
The learned counsel for the complainant has vehemently argued that although the petitioner was getting a meager salary of Rs.8,000/- per month but her standard of living was not commensurate with the said salary and infact she was having a lavish lifestyle maintaining two cars and her husband had also constructed a house. The learned counsel for the complainant has also drawn attention of this Court to various entries in petitioner's bank account maintained in Punjab National Bank, Sarhali Kalan, District Tarn Taran wherein huge amounts have been deposited by way of cash. It has been submitted that in view of the said banking transactions, particularly the deposit of cash amounts, it is clearly evident that the petitioner had been siphoning off amounts from the gas agency by way of misappropriation and embezzlement.
I have considered rival submissions addressed before this Court and have also perused the account statement pertaining to A/c No. 3413000100218373, in the name of petitioner Kuldeep Kaur maintained in Punjab National Bank, Sarhali Kalan (Mohanpura), District Tarn Taran which has been supplied by the State counsel. The said account statement pertains to the period July, 2017 onwards upto September, 2019. A perusal of the said statement would show that the following amounts had been deposited in cash during the period of about two years :-
Month
Date
Deposits
Total
July, 2017
19.7.2017
21.7.2017
26.7.2017
660
35,000
65,000
40,000
1,40,660
August, 2017
3.8.2017
9.8.2017
40,000
15,000
55,000
September, 2017
1.9.2017
16.9.2017
10,000
10,000
20,000
October, 2017
6.10.2017
13.10.2017
25,000
1,00,000
1,25,000
November, 2017
1.11.2017
6.11.2017
10,000
10,000
20,000
February, 2018
13.2.2018
18,000
18,000
March, 2018
28.3.2018
10,000
10,000
April, 2018
19.4.2018
26.4.2018
27.4.2018
6,000
10,000
2,000
18,000
May, 2018
15.5.2018
25.5.2018
4,000
10,000
14,000
June, 2018
1.6.2018
50,000
50,000
July, 2018
10.7.2018
25.7.2018
8,270
2,00,000
2,08,270
August, 2018
16.8.2018
20,000
20,000
September, 2018
13.9.2018
20.9.2018
50,000
10,000
60,000
October, 2018
9.10.2018
16.10.2018
23,500
40,000
63,500
November, 2018
1.11.2018
9.11.2018
19.11.2018
30,000
23,000
62,500
1,15,500
December, 2018
7.12.2018
12.12.2018
31.12.2018
24,000
35,000
10,000
69,000
January, 2019
24.1.2019
6,000
6,000
February, 2019
4.2.2019
12.2.2019
15,000
15,000
30,000
March, 2019
15.3.2019
19.3.2019
5,500
7,000
6,000
18,500
April, 2019
15.4.2019
25.4.2019
23,200
1,32,000
1,55,200
May, 2019
9.5.2019
24,000
24,000
Grand Total
12,40,630
The aforesaid deposit of Rs. 12,40,630/- in cash during a period of two years can be said to be incommensurate with the salary which the petitioner was drawing. However, the deposit of said amount by itself would not establish the allegations of misappropriation of an amount of crores of rupees as alleged in the FIR. The petitioner may also be able to justify such deposits on the basis of some other sources of income, which she may be having. In and integrity of this document any case, since the petitioner, who is a lady, has already joined investigation and the case is mainly based on documentary evidence, her custodial interrogation is not warranted.
The petition, as such, is accepted and the interim directions issued by this Court vide order dated 7. 11.2019 are hereby made absolute subject to the condition that the petitioner shall appear and join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C.