JAYESH KUMAR JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) ACCORDING to learned Counsel appearing for the petitioner, the petitioner is working as State Coordinator in Kas Foundation, which is incorporated under Section 25 of the Companies Act, 1956. The main function of the Corporation is to provide financial support in rural areas of the country. The respondent No. 4 Shri Pradeep Singh was appointed as Assistant Manager at Bhilai Branch of the Company for coordinating two joint liability groups coordinator (JCs) for collecting installments of repayment of loan from the clients of the company. The respondent No. 4 was terminated from the services on 7-2-2007 due to some indiscipline committed by him.

(2.) IT is alleged by the petitioner that the company has come across some information through reliable sources that even after termination of the respondent No. 4 from the services, he was collecting money from the clients/JCs of the company and is not depositing the same with the company, thereby cheating the company. Due to the above act of the respondent No. 4, the company has suffered heavy loss.

(3.) LEARNED Counsel appearing for the petitioner submits that by not taking any action against the respondent No. 4, the respondent Nos. 2 and 3 are violating the provisions of Section 154 of the Code of Criminal Procedure, 1973 (for short, "Cr.PC") which provides registration of information of any cognizable cases and taking action against the accused person.