HARINDER JIT SINGH WALIA Vs. STATE

JUDGEMENT

(1.) Having tried and failed in this various attempts to obtain anticipatory bail at various forums, including this Court, Calcutta High Court and Guwahati High Court, where initially he had succeeded will the order granting anticipatory bail by that Court was set aside by the Supreme Court on motion by the complainant, the petitioner has now approached this court under Section 482 Cr. PC for quashing the criminal proceedings initiated against him by the Crime Branch, PHQ. Delhi under Sections 408, 420, 468,471 read with Section 120-B IPC. arising out of FIR No. 479/93 dated 19 August 1993, Police Station Srinivaspuri, New Delhi.

(2.) To appreciate the rival contentions it would be necessary to notice the facts, as can be culled out from the charge sheet, in little detail.

(3.) The complainant, M/s. R.M.B. Associates Limited, incorporated in the year 1982 at Calcutta, with the object of carrying on business of leasing, hire purchase, financing etc., had its principal branch office at New Delhi, in 1991 the company decided to diversify into the business of hire purchase of consumer durables, in order of promote its business it employed the petitioner in June 1991. According to the company, the petitioner was its employee, entrusted with the duties to select dealers for supply of consumer durables as well as to look for consumers desirous of purchasing such consumer items on hire purchase basis for which he was paid salary and other emoluments by means of crossed cheques against signed vouchers. He was to procure invoices from the dealers in the names of the customers, whose names, addresses and particulars of the guarantors for them were also to be coliected by him. These consumers and their guarantors were required to signer . hire purchase documents and other forms prescribed by the company.