DINESH KUMAR ACHARYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners Dinesh Kumar Acharya s/o Parasram r/o Nakas Gate, Behind Traffic Police Station, Nagaur and Pawan Acharya s/o Narayan and Harish Acharya s/o Parasram have challenged the registration of a criminal case by way of FIR No. 150/2009 of Police station Nagaur and further investigation which is under way, for the offences under section 406 and 420 IPC, by way of quashing the above FIR and further investigation.

(2.) The facts leading to the present petition are as under: That the first information report aforesaid has been registered on a complaint made by the Assistant Engineer, Ajmer, Vidhyut Vitran Nigam Ltd., Nagaur (hereinafter referred to as 'the Nigam') stating that a contract for collection of electricity bills was executed on 07.10.2005 in favour of the agency as Jai Maa Electric Labour & Contractor Sahkari Samiti, Nagaur (hereinafter referred to as 'the Samiti'), of which the petitioner No.1 Pawan Acharya being its president and Harish Acharya as being treasurer and Dinesh Acharya as being its Secretary, who had furnished the requisite undertaking that in terms of the work order it was incumbent for the said Samiti to have deposited the collected amount of each day in the Bank account of the complainant Nigam on the very day and to produce the receipts the next day in the Nigam Office and also to furnish the details of the payment received every day. The complainant has alleged that even while collecting the payments the Samiti started retaining the counter foils and stopped furnishing the details of the deposited amount to the Nigam according to the complainant by 23.03.09 the said collecting agency retained an amount of Rs. 26.77 lacs as received from 2502 consumers . It was submitted by the complainant that the contract with the Samiti has been discontinued but proceedings are required to be taken against the Samiti for embezzlement of money collected from the consumers and for cheating.

(3.) On the basis of above first information report, criminal case No.150/ 09.04.09 was registered at Police Station Nagaur and the investigation is pending.