NARENDRA DEJOO SHETTY Vs. SAUMYALATA SHYAMA SHETTY

JUDGEMENT

(1.) Criminal Application filed by the applicant, an Executive Chairman of Haldyn Glass Limited and Managing Director of Haldyn Corporation Limited which is engaged in the business of manufacturing glass containers pose a challenge to a common judgment dated 16th October 2015 passed by the Addl. Sessions Judge in two Criminal Revision Applications, one being instituted by him.

(2.) At the instance of the applicant, FIR No. 716/PW/2012 was registered which contain an allegation that two of its employees including one Soumyalata Shama Shetty holding the post of General Manager Finance and Commerce cum Chief Financial Officer of Haldyn Glass Limited with common intention being shared by another employee personally forged documents and used the same as genuine documents to siphon off money from the Company. On investigation, charge-sheet came to be filed in the Court of Metropolitan Magistrate, Mumbai by the Economic Offences Wing. She was charged with offences punishable under Section 465, 467, 468, 471 of the IPC being responsible for operating the bank accounts of the Company in the capacity of General Manager and being entrusted with and having dominion over the funds of the Company. She was also charged with offences under Section 408, 420 read with Section 34 of the IPC for fraudulently issuing the cheques from the bank account of the Company in favour of the son of accused Vilas Shembekar and thereby fraudulently misappropriating the funds of the Company.

(3.) We are not concerned with the proceedings relating to her arrest in the present case and therefore by merely recording that the Bail Application filed by her came to be rejected by the Addl. Sessions Judge, the necessary facts are to be further noted.