RAJ KUMAR SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in FIR No. 745 dated 16.10.2012 under Section 420, 408, 34 of the Indian Penal Code, registered at Police Station Model Town, Panipat.

(2.) Prosecution story, in brief, is that the complainant company had appointed Parveen Kumar and Sheshnath Solanki as Area Sales Executives vide appointment letters dated 16.6.2011.

(3.) They were to deposit payment of the medicines sold by the company. Medicines were sold by the company to Mukesh Jaiswal (Krishna Medical Agency). Similarly company had also sold medicines from time to time to the petitioner who was the proprietor of Naveen Agency. Parveen Kumar and Sheshnath Solanki, in connivance with Mukesh Jaiswal and the petitioner, had bought the medicines from the company but had sold the same in open market. The cheques handed over to the company, were dishonoured. The owner of Krishna Medical Agency and the petitioner claimed that they had returned the medicines to Parveen Kumar and Sheshnath Solanki whereas they claimed that they had given the medicines to Krishna Medical Agency and the petitioner.