NIKHIL TALWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition seeking anticipatory bail in case F.I.R. No. 271 dated 23.10.2010, under Sections 405, 406, 408, 415, 420, IPC, registered at Police Station Sector 31, Faridabad, District Faridabad.

(2.) Mr. R.S. Rai, learned Senior Advocate for the Petitioner, assisted by Ms. Jaishree Thakur, Advocate, has vehemently argued that as per the contents of the FIR, Petitioner was working with the Company and his services were terminated by the Company on 31.10.2009 and after termination of the services, Petitioner is alleged to have misappropriated the properties of the Company which were given to the Petitioner as an employee of the Company. Learned Senior counsel has further argued that as to whether services of the Petitioner-accused were terminated is the question subjudice before the Company Law Board, as well as, before this Court in a company petition, hence, there can not be any mala fide intention to misappropriate the properties. Learned senior counsel for the Petitioner has further argued that if there is no mala fide or ulterior motive to misappropriate the properties which were given while Petitioner was in employment, no offence under Section 406 or 420 IPC can be said having been made out against the accused.

(3.) Mr. Kanwaljit Singh, Senior Advocate, for the complainant, assisted by Mr. Rohit Khanna, Advocate, has vehemently argued that till termination is revoked, Petitioner has absolutely no legal right to use the cars given to him as an employee of the Company. Mr. Kanwaljit Singh, Senior Advocate, has further argued that if accused is using cars given to him illegally, then case falls within the four corners of Section 405 IPC and would amount to criminal breach of trust. He further argues that since cars are being retained with intention to cause wrongful loss to the Company, hence, case is also covered within the four corners of Section 415 I.P.C.