BHARATBHAI KESHAVLAL MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The application has been filed, seeking anticipatory bail under Section 438 of Cr. P.C., anticipating his arrest in respect of the FIR being C. R. No.1120805020122 of 2020 registered at 'A' Division Police Station, Rajkot City for the offence punishable under Sections 406 , 408 , 409 and 114 of the IPC.

(2.) It appears that the FIR has been registered at the instance of complainant Kaushik Bhagwatilal, Executive Engineer in PGVCL against the present applicant who is original accused No. 4 along with other seven accused alleging inter alia that during the course of audit for the Financial Year April, 2017 to March, 2018, it had come to the notice that on 15.02.2016, an amount of Rs. 5,78,250/-? was wrongly credited in the account of M/s. Bhavani Industries i.e. accused No. 8. It was also alleged that original receipt dated 15.02.2016 towards the payment of said amount was subsequently cancelled in the computer system of PGVCL. It also appears that before the lodging of the complaint, an inquiry was also conducted at the department level and the involvement of all the accused in the alleged offence of misappropriation was found, and therefore, the complaint was filed.

(3.) It is sought to be submitted by the learned Advocate for the applicant that only allegation against the present applicant who was the Account Officer, is that his supervision and monitoring was very poor, which had caused loss to the PGVCL, otherwise there was no motive attributed against the present applicant. He also submitted that the applicant has already been transferred to Junagadh and is to retire in one year.