ANKUR MOUDGILL Vs. U.T.CHANDIGARH

JUDGEMENT

(1.) The petitioner has filed the present (first) petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No. 70 dated 29.07.2020 registered under Sections 408, 420 and 120-B of the Indian Penal Code, 1860 (for short 'the IPC') at Police Station North, Chandigarh to which Sections 467, 468, 471 and 473 of the IPC were added later on.

(2.) Sh. Sushil Singla, Managing Director of M/s Supreme Securities Limited submitted written complaint to the Senior Superintendent of Police, Chandigarh against Vipin Kumar Dua, Regional Manager; Ankur Moudgill, Assistant Manager (the petitioner); Priya Sharma, Senior Executive and Sukhchain Singh, Field Executive - employees of M/s Supreme Securities Limited working in its Sector 8-C Branch. In the complaint, it has been inter-alia alleged that all the above said four accused persons were responsible for the day to day business of the branch and to maintain the accounts books in due course of the business. Accused Nos.1 to 4 have misappropriated and embezzled amount of, at least, Rs.4,91,61,424/- which amount was in their possession as property of the Company as its employees/agents. The breakup of the amount of Rs.4,91,61,424/- is (i) Rs.91,97,400/- as foreign currency given to Ashu Forex + (ii) Rs.13,71,750/- outstanding in the books of Ashu Forex + (iii) Rs.20,43,880/- as foreign currency given to Jupiter Forex (net amount receivable as per books of accounts of the company from Jupiter Forex being Rs.20,41,700/-) + (iv) Rs.80,30,692/- withdrawn from ICICI Bank Account + (v) Rs.2,78,07,425/- equivalent to foreign currencies + (vi) Rs.6,96,616/- available as cash in the Branch + (vii) Rs.15,841/- withdrawn from Kotak Mahindra Bank. The complainant accordingly requested for registration of FIR against them under the appropriate penal provisions of law and recovery of the embezzled/misappropriated amount. The police investigated the case and arrested the petitioner on 03.03.2021. On completion of investigation, the police filed charge-sheet against him.

(3.) The petitioner being in custody has filed the present petition for grant of regular bail.