MANIKANDAN B. Vs. PAVAN GAUR

JUDGEMENT

(1.) This petition is filed with the following prayers:

(2.) It is argued by the learned counsel for the petitioner vide impugned order dtd. 3/10/2020, the learned Magistrate has summoned the petitioner under Sec. 500 IPC but the complaint is nothing but a mean to wreck personal vengeance on the petitioner with an intention to use it as an instrument of harassment, oppression and vendetta to harass him.

(3.) It is alleged the respondent was appointed as a Chief Executive Officer in Schneider Prototyping India Private Limited (hereinafter referred as SPIN) from 2012 to June 2018 and has misused his position; falsified the books of account; made false entries and has misappropriated substantial amount of money from SPIN, the company in which he was employed. He was in-charge of the day-to-day operations of SPIN at the helm of affairs and he left it in deep financial distress. 'SPIN' subsequently to ascertain the manner in which the respondent had committed misappropriation/ siphoning of funds, carried out an extensive forensic audit and an audit report 'Special Investigation Audit Report' dtd. 25/9/2019 show misappropriation and siphoning of funds done by the respondent to an extent of Rs.21,34,44,127.00 and the same is recoverable. CS (OS) No.92/2020 is also filed against the respondent herein. The said suit was closed later. Further, FIR No.819/2018 dtd. 14/11/2018 is also registered against the respondent under Sec. 406, 420 IPC at police station Phase-II, District Gautam Budh Nagar, Noida wherein charge sheet under Sec. 406/420 IPC is filed. It is alleged the complaint is filed only to harass the petitioner.