- (1.) BY the Court. - Heard the learned counsel for the petitioner, the learned counsel for the State and the learned counsel for the opposite party No.2.
(2.) THE petitioner apprehending his arrest in connection with Kotawali P.S. Case No. 937 of 2011 dated 11.10.2011 corresponding to G.R. No. 5107/11 under Sections 420/406 of the I.P.C. The prosecution case in brief is that one Prabhakar Patnayak gave a written report addressed to office -in -charge. Kotwali P.S. Stating that the informant is working as Area Business Manager of M/s Bharat Biotech International Limited. Hyderabad and the company is a leading biotechnology company, manufacturing vaccines and bio -pharmaceuticals in India, and is engaged in developing vaccines through innovative and collaborative research by spending several crores of Rupees. The company is established with the help of the Department of Science and Technology and the company is also having collaboration with Bill and Melinda Gates Foundation for development various vaccines. As there is huge shortage of Anti -Rabies Vaccine in the country and the complainant company has entered into an agreement on 3.7.06 with M/s Srinath Distributors, a Partnership firm represented by its partners Mr. Ashish Kumar Jain (petitioner), having its office at B -6, Prakash Bhawan, First Floor, Vishnu Talkies Lane, Main Road, Ranchi. The area of operation of the said firm as Consignee Sales Agent is the State of Jharkhand. The complainant company has got the rate contract with the Government of Jharkhand for supply of its Anti -Rabies Vaccine for the year 2008 -2009. It is stated that the company has taken the services of one Rahul Sales Corporation of Ranchi as its Liasioning Agent. It is further stated that the company has supplied its anti -Rabies Vaccine through its Distributor i.e. M/s Srinath Distributors to Rahul Sales Corporation at the rate contract fixed by the Government of Jharkhand and M/s Srinath Distributors used to collect the cheque in the name of Bharat Biotech International Limited (complainant company) and used to deposit the same in the complainant company's bank account. The complainant company alleged that it has come to know that M/s Srinath Distributors had deviated from the procedure and the complainant company has not received the amount and there is misappropriation of Rs.80 lakhs by the petitioner company. It is further alleged that when the complainant company informed the matter to Ashish Kumar Jain (the petitioner), he gave written assurance by his letter dated 4.6.2010 in which he has mentioned in which he has agreed and mentioned the following things:" 1. That we have made the payments in turn to the Company's Account through Bank from our collection as against the payments of M/s Rahul Sales. Ranchi to us. On verification, we have noted this has not been credited to your account approximately Rs.80,00,000/ - (Eighty hundred thousand). 2. That at the current stage we have found round about Rs.80,00,000/ -(Eighty hundred thousand) has been manipulated by my employee, who has left the job about a month back without any notice. It is a clear fraud on me by my person just because of my extra trust and confidence on him.
(3.) THE complainant has further alleged in his complaint petition that he has given a demand draft of Rs.2,50,000/ - on 5.6.2010 and ten cheques drawn on Punjab National Bank. Raj Hospital, Main Road Ranchi, but waiting for long period as the petitioner had not remit any further amount to the informant company, the informant deposited the said cheques but the same were returned and dishonoured by the Bank.;