JAI BHIMRAJ DUBEY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure, the applicant - original accused seeks to invoke inherent powers of this Court, praying for quashment of the FIR being CR No. I. 262 of 2012, registered with Fatehganj Police Station, Vadodara for the offences punishable under Sec. 408 of the Indian Penal Code.

(2.) Facts and circumstances giving rise to file present application are that, the applicant Jai Bhimraj Dube, employed by M/s. Naitani International Limited, the Company incorporated under the provisions of the Companies Act , 1956. He was assigned the job of Field Engineer and appointed on 23/3/2010. It is the case of the complainant that, at relevant time, the applicant was entrusted with IBM laptop and two software to carry out the work assigned to him. The applicant was on leave from 28/8/2011 to 5/9/2011 and without notice, he left the company and had joined another company. He did not return the laptop and two software allegedly entrusted to him by the Company and failed to return, on being called upon to do so. In the aforesaid facts, the FIR came to be filed by the Director of the Company alleging that, the applicant being a servant of the company, was having dominion over the property like laptop and two software committed breach of trust with respect to the said property and thereby, committed an offence under Sec. 408 of the Indian Penal Code.

(3.) This Court has heard learned counsel Mr. Panthil Majmudar, Mr. Manan Shah and Mr. Pranav Trivedi, learned Additional Public Prosecutor for the respective parties.