SHEEL PANCHAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard.

(2.) This is First application under Section 438 of the Cr. P. C. , by which the applicant is apprehending his arrest in connection with Crime No. 250/2017, registered at Police Station- Pithampur, District- Dhar for commission of the offence punishable under Sections 420 and 408 of the IPC.

(3.) As per the prosecution story, father of the applicant Shri Kishor Panchal (co-accused) was an employee in the complainant/company namely Tik Tar Industries (Badoda Limited) since 1993. The applicant has also joined the company in the year 2003. The company lodged an FIR in the Police Station alleging that father of the applicant was appointed as Senior Operation Manager in the year 1992 and his son i. e. applicant was appointed as Assistant Manager in the year 2003. Since last four years, they have stopped coming to the duties. It has been alleged that being an employees of the company, they have collected the total amount of Rs. 1,79,81,758/- from various customers to whom the company has supplied the Bitumen Tar. The company issued the notice to the applicant and his father for return of the aforesaid embezzled amount. They have accepted their conduct and assured the complainant/company for return of the said amount by executing the undertaking in stamp paper. Despite giving said undertaking, when the amount was not returned, the complainant has lodged the FIR against them which has been registered under Section 420 and 408 of IPC and also filed the Civil Suit.