MULKH RAJ ARORA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of Criminal Miscellaneous Application No. 1868-M of 1999 whereby Mulkh Raj Arora has claimed anticipatory bail in case F.I.R. No. 55, dated July 22, 1998 registered at Police Station 'D' Division, Amritsar under Sections 409/120B I.P.C. and Criminal Miscellaneous No. 2424-M of 1999 whereby Prem Nath is seeking anticipatory bail in the same F.I.R.

(2.) THE prosecution case, in brief, is that with effect from April 1, 1995 to May 21, 1998, there took place embezzlement of money belonging to the Punjab State Electricity Board in City Centre Division, Amritsar and the commission of other grave irregularities. Senior Executive Engineer, City Centre Division, Amritsar of the Punjab State Electricity Board wrote memo No. 2299 dated June 9, 1998 to the Senior Superintendent of Police, Amritsar whereby he requested for the registration of First Information Report against the delinquent employees of the Board for committing embezzlement. On that letter, a case was ordered to be registered under Sections 409/120-B of the Indian Penal Code against Asha Kesar Clerk and Palwinder Kaur, Clerk by the Senior Superintendent of Police, Amritsar.

(3.) THE learned Deputy Advocate General, for the State of Punjab, on the other hand, submitted that before lodging First Information, audit enquiry was made by Shri S.K. Duggal, Additional Superintending Engineer, Technical Audit, Punjab State Electricity Board, Amritsar who found Mulkh Raj Arora and Prem Nath etc. guilty of embezzlement. Allegation against Mulkh Raj Arora is that he had embezzled Rs. 1,75,816/- by showing bogus cheque number on RO-4 which actually were never presented to the Bank. It was also submitted that he did not reconcile the cheques deposited in the Bank with his cash book. The Board was put to a financial loss to the tune of Rs. 21,45,963/- by not making debit entry to the consumers' account where the cheques were dishonoured.