NAGESH POOJARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question registration of a crime in crime No.95/2023 registered for the offences punishable under Ss. 403 , 408 , 420 , 504 and 506 of the Indian Penal Code, 1860 (' IPC ' for short).

(2.) Heard Sri. Rajesh A., learned counsel appearing for the petitioner, Smt K.P. Yashoda, learned High Court Government Pleader appearing for respondent No.1 and Sri. Kiran J., learned counsel appearing for respondent No.2.

(3.) Facts in brief, germane are as follows: The petitioner is the erstwhile employee of Fortune Group of Hotels, who have hotels at the United Arab Emirates, in Brahmavara and Kundapur. The petitioner, who hails from Kundapur joins employment in the Fortune Group of Hotels, not in India, but at the United Arab Emirates, as an accountant in January-2016. He works in the said hotel at Dubai upto January-2023. On 18/1/2023, returns back to India. On 18/4/2023, three months after his return to India communicates a mail to the hotel that he is intending to resign the job, as he is in difficulty with regard to taking care of his mother, who was said to be ailing at that point in time. A crime then comes to be registered against the petitioner on 5/5/2023 on a discovery of certain embezzlement of funds by the petitioner, while he was working as an accountant at Dubai and transfer of such funds to the account held by the petitioner at Kundapur, Canara Bank. The registration of a crime is what drives the petitioner to this Court in the subject petition.