KASHI NATH TAPURIAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, Kashinath Tapuriah, the Chairman of M/S Incab Industries Ltd. has impugned the order taking congnizance dated 25.2.1995 and also prayed for quashing of the entire proceeding.

(2.) Before dealing with the grievances made by the petitioner, it would be appropriate to portray the factual backgrounds: On the basis of a written report lodged by one Uday Kant Sharma (opposite party No. 2) and F.I.R. was lodged on 5.5.1994 giving rise to Golmuri P.S. case No. 88/94 under Sections 406,420 and 34 of the Penal Code

(3.) Allegation, inter alia, was made that the petitioner being the Chairman of the Incab Industries Ltd (company in short), in connivance with Tulsi Prasad, Vice Chairman of the Cable Cooperative Society Ltd. (Society in short), misappropriated a sum of Rupees 40,15,152.70 paise which amount was the deductions made from the salaries of the employees of the company and interest thereto for the months of June, July and August, 1993