THOMSON REDDY Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Allegations were made against the petitioner in the first information report (FIR) no.491/2018, registered by police station Prashant Vihar on 06.10.2018, by M/s. Gold Plus Glass Industry Ltd., a company in which the petitioner was employed during the relevant period as Purchase-Head. It is alleged that he indulged in certain acts of omission or commission mis-using his official position so as to cause wrongful loss to the employer company by way of cheating, such loss, as per the initial calculations being on account of the company having been over billed to the extent of Rs.1 Crore in a certain contract for procurement of materials.

(2.) The petitioner apprehending arrest approached this court for anticipatory bail, his prime contention being that he was the lowest in hierarchy whereby the decision to place the purchase order was taken, his role being limited, there being no clause incorporated in the purchase order to take care of the price variation on which account the wrongful loss was being alleged.

(3.) While issuing notice to the respondent / State, this court by order dated 25.10.2018 had granted interim protection to the petitioner against coercive steps subject to the condition that he would join and cooperate with the investigation as and when called upon to do so. Though some submissions were made on 22.11.2018 that the petitioner was not forthcoming with the requisite information on his assurance for full cooperation from that said stage, the interim order was extended.