SANJIV MISHRA Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner prays for grant of bail in FIR No.99, dated 21.5.2012 registered against him and others under Sections 406, 408, 418, 477A, 120-B IPC at Police Station Sector 40, Gurgaon. As per the allegations made in the FIR, accused Nos.1 and 2 were the employees of the complainant Company-Reebok India for more than 16 years. Accused No.1 is the Managing Director and accused No.2 is the Chief Financial Officer. At the time of termination of their employment in March 2012, they were head of the Market India and M.D. of the complainant Company. It is alleged that certain fraudulent activities relating to the business of the complainant could be identified on account of investigation conducted by Mr.Shahin Padath, Director Finance and Mr.Claus Heckerott. It is alleged that accused Nos.1 and 2 have indulged in various fraudulent activities for several years and had systematically cheated and defrauded the complainant company of hundred of crores rupees.

(2.) During the course of their employment, they were Incharge of the financial affairs, accounts operation, warehousing, information technology. It is only after termination of their employment that the books of accounts and records were checked, when it is found that the accused were operating four secret warehouses to keep diverted and stolen stocks of the complainantCompany clandestinely, which were not reported in the books of complainant. The petitioner is assigned a role in the FIR in connection with these secret warehouses.

(3.) It is alleged that complainant-Company had engaged an independent private firm Controlled Risk, which visited the said Warehouses and found unaccounted goods of the complainant lying at these warehouses. These warehouses were retained by payment of rent and goods found therein were lying in the warehouses. It is also alleged that these warehouses were paid through a fraudulent arrangement entered into by accused Nos.1 and 2 with M/s Shivam Enterprises. It is alleged that M/s Shivam Enterprises had taken the secret warehouses on rent for accused Nos.1 and 2 and payment for the same was made to M/s Shivam Enterprises through fake bills for over time, which were caused to be raised upon the complainant and cleared by accused Nos.1 and 2. In this manner, the complainantcompany was put to loss of Rs. 90 lacs. The counsel appearing for the petitioner would contend that so far as the petitioner is concerned, he is accused of receiving a sum of Rs. 10 lacs and that too not in any fraudulent manner. Plea is that the four secret warehouses were allegedly not secret but fully in the knowledge of the complainant and various functionaries of the complainant Company. In this regard, the counsel has referred to the documents like Annexures P-4, P-5, P-6, P-7 and P-9. Annexure P-4 is a copy of email sent by petitioner-Sanjiv Mishra to Parshant Bhatnagar with copy to Vishnu Bhagat. This is relating to hiring of warehouses. Similarly, Annexure P-5 is again an email, copy of which was addressed to Mr.Shahin Padath. Reference is then made to Annexure P-6, which is a communication sent from Vishnu Bhagat, which clearly contains a mention in regard to multiple temporary warehouses being operated for the last three years to manage the additional capacity, which the Company was requiring to grow on year to year basis. From this the counsel would contend that these are the temporary warehouses, which are termed as secret warehouses. As per the counsel, there is no secret warehouse as is being maintained. The counsel would accordingly contend that the allegations made against the petitioner are not made out. The petitioner is otherwise in custody since 19.9.2012.