Nirmaljit Kaur, J. - (1.) THIS is a petition under Section 482 Code of Criminal Procedure for quashing of FIR No. 295 dated 23.09.2005 under Section 408 of the Indian Penal Code, registered at Police Station City Batala.
(2.) AS per allegations in the FIR, the Petitioner was working as a salesman on the petrol pump i.e. M/s. Dhanpat Rai Ropal Dass, Jalandhar Road, Batala and was also looking after the financial transactions of the pump. As per the allegations, the employer/complainant fell ill. Taking advantage of his absence, the Petitioner committed fraud with the sale proceeds of agricultural produce. The fraud was detected after 2 1/2 years i.e. in the year 2004. FIR was registered on 23.09.2005 Learned Counsel for the Petitioner, while praying for quashing of the said FIR, contended that the said FIR has been registered by the complainant/Respondent as a counter blast to the proceedings initiated by the Petitioner/workman against his employer before the Labour Court authorities regarding his illegal termination and non payment of wages. Further, the complainant/Respondent duly appeared through their representative and filed reply before the Labour Inspector on 20.05.2005. The stand taken on behalf of Respondent No. 2 before the Labour Inspector was totally contradictory in itself. The reply was silent qua any fraud whatsoever. While making statement before the Labour Inspector no allegation qua fraud detected was made. As such, the present complaint is an after thought.
(3.) LEARNED Counsel for the Respondent -complainant, on the other hand, submitted that the statement before the Labour Inspector does not mean that the Petitioner has been given a clean chit in the FIR. It was further contended that as per the FIR, a fraud of Rs. 3,82,946.12 was detected in October, 2004. The Petitioner had embezzled the aforesaid amount when the complainant was not well. Further, the challan has been filed, charges have been framed and therefore, there is no occasion to quash the FIR at this stage.;