NARESH KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) Joint petition has been filed by the petitioners seeking quashing of the FIR No. 416/98 under Section 408 Indian Penal Code lodged by petitioner No. 2 against petitioner No. 1 with Police Station Chitranjan Park, New Delhi.

(2.) In order to appreciate the contention raised in the petition, lets acquaint with the facts of the case. The petitioner No. 1 was employed as Peon with petitioner No. 2 Hiten Industrial Textile Ltd. (hereinafter called the Company). On 30th September, 1998 petitioner No. 1 was deputed to collect a sum of Rs.1,80,000.00 in cash from Fateh Pup on behalf of the Company. Petitioner No. 1 collected the cash amounting to Rs.1,80,000.00 but neither came to the office nor deposited that amount.- Petitioner No. I was also not found at his residence, therefore, Company suspected he had misappropriated the amount which belonged to the Company. Accordingly, the Company lodged a written report with the police dated 8th October, 1998 on the basis of which FIR No. 416/98 dated 8th October, 1998 was registered. Petitioner No. 1, however, Contacted the company and paid back the amount , by way of two bank drafts, cash as well as by adjusting his outstanding amounts. He also tendered resignation. The same was accepted by the Company. After the amount was received from the petitioner No. 1 and resignation accepted, the company decided not to press its complaint against the petitioner No. 1. Accordingly petitioner No. 1 and the company jointly pled this petition for quashing the said FIR.

(3.) Notice on the petition was issued to the respondent /State. State filed reply affidavit and took the plea that matter is still linker investigation. It is, however, admitted by the State in its reply affidavit that it received communication from the Company on 9th May, 1999 saying that the matter has been amicably settled between the petitioners and that the company wanted to withdraw its complaint.