PANCHDEV DUBEY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. S.K.Shandilya, learned counsel for the writ applicant and Mr. K. S. Rawal, learned Assistant Government Advocate for the State.

(2.) Learned counsel for the petitioner seeks quashing of the FIR dtd. 19/5/2022 numbered as FIR No. 418 of 2022, under Sec. 408 IPC, PS Bhagwanpur, District Haridwar.

(3.) However, on reading of the FIR, it is apparent that the petitioner is working as an Accountant in the informant company. The General Manager made a visit to the Roorkee Branch on 24/3/2022 and found that there is discrepancy of Rs.7,39,921.00 from the Branch and that the petitioner admitted before him that he has defalcated the aforesaid amount. Learned counsel for the petitioner emphatically argued that the petitioner has not committed the aforesaid offence as every year the accounts of the company is audited by a Chartered Accountant and there is no mention of the defalcation or malfeasance by the petitioner in the said report. However, the learned counsel for the petitioner express his inability to produce such documents like audit report