NAVNEESH KHULLAR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As per allegation of the prosecution, petitioner No.1-Navneesh Khullar was working as Export Manager with firm M/s Bonn Food Industries and he worked as such till 22.1.2013. The said firm has to procure the orders of exports and thereafter, has to manage for the purpose of sending the products of the company. The complainant firm has authorised the export manager i.e. one of the petitioners, Navneesh Khullar to deal with other companies concerned with the despatch and transportation of the goods. It is further alleged that Navneesh Khullar in connivence with his friend Balwinder Kumar, petitioner No.2 created an firm under the name and style of M/s Rayan Cargo for his personal benefits with the motive to make embezzlement of the funds of the firms in connivance with his associate and family members. Navneesh Khullar in his confessional statement on 22.1.2013 admitted embezzling the funds of the firm and making deficiency of the said amount. Since 24.1.2013, the accused started to ignore the calls of the firm. Hence, complaint under Section 406, 407, 408, 409, 420, 120-B IPC was made. On the basis of which present FIR was registered.

(2.) Learned counsel for the petitioner has submitted that Navneesh Khullar has submitted an application to Commissioner of Police, Ludhiana on 29.1.2013 in which it is clearly mentioned that blank cheques have been taken under threat and coercion. No amount has been embezzled by the petitioner rather, the firm has withdrawn a sum of rupees more than 10 lacs from the account of the petitioners and his family members. No specific amount which is stated to have been embezzled, has been mentioned in the FIR, therefore, the petitioners are entitled to concession of bail.

(3.) The said prayer has been vehemently opposed by the State counsel as well as learned counsel for the complainant.