RSE INTERNATIONAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the order dtd. 15/9/2018 passed by the learned Additional Sessions Judge, Court No.17, Ahmedabad City in Criminal Revision Application No.142 of 2018 confirming the order dtd. 30/4/2018 passed by Additional Chief Metropolitan Magistrate, Court No.23, Ahmedabad in Criminal Misc. Application No.8413 of 2017 below Exhibit-1; and further seeks direction to the Dena Bank, Nehrunagar Branch, Ahmedabad to return the amount of Rs.17,59,176.00 lying in the Bank Account No.085711023850 of the accused - Vimal Sunderlal Sharma.

(2.) Mr. Dastoor submitted that the FIR was lodged on 14/11/2011 under Ss. 406 , 408 , 420 , 467 , 468 and 471 of IPC. He submits that accused Vimal Sunderlal Sharma has absconded and till 2011 the amount of Rs.17,59,176.00 in the Bank Account No.085711023850 of Dena Bank, Nehrunagar Branch, Ahmedabad is lying in the name of accused Vimal Sunderlal Sharma.

(3.) Learned APP relying on the report of J.B. Aggarwal, Police Inspector, Satellite Police Station, Ahmedabad, dtd. 13/10/2021 submits that the accused is not traceable and therefore 'A' Summary has been filed before the Chief Metropolitan Magistrate, Court No.3 on 4.07.2021. The said Summary has been accepted by the Court. He submits that as and when the accused would be apprehended he would be put to trial. The amount would be lying unused, where the Bank Account has been frozen and the FIR itself suggests that the said amount belongs to firm, which has been misappropriated by the accused who was working as Accountant in the firm.