STATE OF GUJARAT Vs. RAJESHKUMAR JAMNADAS RAMI

JUDGEMENT

(1.) This is an application filed under Sec. 439(2) of Code of Criminal Procedure, by the State seeking quashing of the order dtd. 13/4/2022 passed by the learned 2nd Additional Sessions Judge, Ahmedabad (Rural) at Viramgam in Criminal Miscellaneous Application No. 67 of 2022. By the said order, the learned Sessions Judge has enlarged the respondent no.1- original accused no.1 in connection with the FIR being no.11192035210250 of 2021 dtd. 11/6/2021 registered with Mandal Police Station for offences punishable under Ss. 406, 409, 420, 467, 470, 471 of Indian Penal Code.

(2.) The gist of the allegations levelled against the accused no.1 in aforesaid FIR is that the respondent no.1 while holding charge as Deputy Accountant at Dholera office had committed criminal breach of trust by misusing his position as government servant, by making bogus cheques and vouchers and using such bogus documents as genuine documents, the accused had dishonestly diverted such amount in his account or in the name of relatives / friends. As per the allegations in the FIR, the total embezzlement of the amount involved was Rs.63,01,733.00.

(3.) It transpires from the record that before the registration of complaint, the department had conducted inquiry, whereby, the District Accountant Officer, Ahmedabad Panchayat office had by Order No. DP/HSB/MKM/57-59/ 2021 dtd. 7/6/2021 had directed the Dholera Office to proceed for registration of the FIR against the respondent no.1. It was stated that the respondent no.1 while holding charge as Deputy Accountant at Dholera office had committed the offence of embezzlement of such amount. Such a fact emerged during audit of the accounts of the Financial Year of 2017-2018 and 2018-2019. It had come on record during analysis of the account details that though the retired primary teachers have already been extended the benefit of leave encashment, the respondent no.1 had raised false claims of such teachers by submitting revise duplicate bills and in collusion of the Taluka Developmetn Officer (then in charge) and Taluka Primary Education Officer created false record by misusing his position. It had further transpired that the cheques were issued in the name of the accused's friends and relatives. The report revealed seven different cheques issued in the name of Mohmad Nadeem Halai, Vikram Vijakumar, Hiren V. Thadeswar, A.G. Jadeja, M.N. Halai and Hasmhukhbhai Rami, on 23/3/2017 and 4/7/2017, total of an amount of Rs.39,37,780.00. On further scrutiny of the accounts, it had transpired that an amount of Rs.22,94,190.00 was diverted for which no bill or voucher was raised by preparing cheques in the name of persons known to him as well as in his own name. The report revealed details of five cheques dtd. 8/9/2017, 4/10/2017 and 5/10/2017, by which, such amount was diverted by the accused. Also, it was found that the accused had created duplicate revised bills by misusing the office order in case of retired primary teachers, by approving the bills vouchers, embezzled an amount of Rs.69,736.00. Such three vouchers dtd. 3/10/2017 in the name of retired teachers namely Kalabhai Virabhai Vankar and Jayantilal Gandabhai Patel, were diverted in the SBI Account, Mandal. Thus, having noticed the primary involvement of respondent no.1, the FIR came to be registered against respondent no.1 on 11/6/2021.