A.S. Nehra, J. - (1.) RAJINDER Pal Mahajan has filed this petition under Section 482 of the Code of Criminal Procedure, 1973, for quashing the impugned order dated September 24, 1993, passed by the Additional Sessions Judge, Ludhiana.
(2.) BRIEFLY stated, the facts of the case are : A case was registered, vide FIR No. 230 dated December 7, 1992, at Police Station, Focal Point, Ludhiana, under Sections 406 408 409 467 471 and 120B, Indian Penal Code, against Rajinder Pal Mahajan accused. As per the allegations contained in the FIR, the accused was appointed as Financial Controller -cum -Company Secretary of Ralson India Limited, Ludhiana, and joined the company in that capacity on November 29, 1985. During the course of his employment, he used to get the signatures of Shri Sanjeev Pahwa, managing director, on blank cheques and transfer advices. The abuse of position by the accused came to light when, as a result of the raid on his premises by the Income Tax Department, FDRs amounting to Rs. 55,33,129, blank cheques and transfer advices were seized from the possession of the accused. On examining the accounts of the company, the management found that the accused had withdrawn an amount of Rs, 1.29 lakhs from the accounts of the company from the Punjab National Bank, Branch Dhandari Kalan, and the said amount had not been accounted for in the books of account of the company and thereby the accused had committed criminal breach of trust in respect of the said amount and had misappropriated the same to his own use by getting FDRs and the property in the names of his relations. He had cheated the company by signing in fictitious names and withdrawing huge amounts in collusion with the bank officials. During the course of investigation by the police, an amount of Rs. 40,58,412 along with Indira Vikas Patras valued at Rs. 9,10,000 was recovered from the possession of the accused.
(3.) AN application was made for the release of the currency and Indira Vikas Patras on superdari. The application was dismissed by Shri Nagin -derjit Singh, Judicial Magistrate, 1st Class, Ludhiana, vide his order dated March 2, 1993, on the ground that both the parties were laying claim to the amount of Rs. 40,58,412. This order does not say anything about the Indira Vikas Patras. Thereafter, another application was moved before the learned Chief Judicial Magistrate, Ludhiana, which was dismissed, vide order dated June 7, 1993, on the ground that an application having already been dismissed by the court of Shri Naginderjit Singh, vide order dated March 2, 1993, no fresh application was maintainable.;