RANJEETA KAMESHWARPRASAD CHAURASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant - original accused seeks to invoke the inherent powers of this court, for quashing of the FIR_ registered with Lunavada Police Station, Dist.: Mahisagar, for the offence punishable under Sec. 409 of the Indian Penal Code.

(2.) The facts in brief giving rise to file the present application are that, the accused being LIC Agent is charged with the offence of misappropriation of premium amount allegedly given to her by the various policy holders as referred in the complaint and failed to deposit the same before the concerned branch of the LIC, whereby, the applicant accused being an authorized agent of the LIC, committed an offence of criminal Breach of trust. According to case of the prosecution, the complainant being a Branch Manager of the Life Insurance Corporation of India (for short 'LIC'), lodged an FIR, alleging inter-alia that, the applicant accused was appointed as Insurance Agent by the LIC. In the year 2018, she had collected amount of premium in cash as well as by cheque from the different policy holders. The applicant accused received cash Rs.2,69,024.00=38ps and also received various cheques amounting Rs.2,22,841.00. The total amount collected for and on behalf of the LIC was Rs.4,41,865.00=38ps. It is further alleged in the FIR that, she had been informed about the collection of the amount and directed to deposit the same with the LIC. She had deposited only Rs.50,000.00 and rest of the amount she did not deposit, despite the service of show cause notice and termination of the agency. In such circumstances, it is alleged in the FIR that the applicant has committed an offence of criminal breach of trust as during her tenure as LIC agent and while performing her duties as agent, collected and received premium amount and failed to deposit with the LIC and misappropriated the amount which is public money.