JOHN PARMAR Vs. DINESH BHALOTIA

JUDGEMENT

(1.) The Petitioner is the original first informant. The petitioner has challenged the order dtd. 31/8/2023 passed by the learned Additional Chief Metropolitan Magistrate, 5th Court, Dadar (At Sewree), Mumbai, granting judicial custody to the Respondent No.1, who is the accused arrested in this case.

(2.) Heard Mr. Rizwan Merchant, learned counsel for the petitioner, Mr. Ashwin Shete, learned counsel for the Respondent No.1 and Mr. Arfan Sait, learned APP for the State/Respondent No.2.

(3.) The F.I.R. was lodged by the petitioner on 7/8/2023 at Dadar police station vide C.R.No.344 of 2023 for the offence punishable under Sec. 420, 465, 467, 468, 471, 477-A r/w. 34 of the I.P.C . The gist of the F.I.R. is that the Respondent No.1 was working as the Chief Financial Officer from 16/1/2021 in the first informant's company namely Survival Technologies Limited. It is alleged that the Respondent No.1 had financial control of the company. The main business of the company was manufacture of speciality chemicals. The company used to purchase chemicals from different suppliers. It is alleged that the Respondent No.1 deliberately stopped the payment of 18 to 20 suppliers. The company made inquiries and it was revealed that there was difference in the name of the father of the Respondent No.1 on various documents. The spelling of his surname was different. There are allegations that, in the past, he was having a bad reputation in the companies where he had worked earlier. It is alleged that, though the Respondent No.1's wife never attended the company, she was drawing the salary. Thus, in short, the Respondent No.1 had used forged documents and had caused financial loss to the company. There are allegations that, he had forged a letter in respect of the I.P.O. which was to be received by the company. On these allegations, the F.I.R. was lodged.