GAJJELAKANTHAM Vs. STATE OF A.P.

JUDGEMENT

(1.) The petitioner who is an accused in CC No.924/2002 on the file of Judicial First Class Magistrate, Jaggaiahpet, filed the present application questioning the issuance of non-bailable warrant against him on 9-9-2004. A charge sheet was filed against the accused for the offences punishable under sections 408 and 420 IPC.

(2.) The allegations in the charge sheet would disclose that L.W.1 who is the Executive Director of Paripurna Dairy Products (P) Ltd., was looking after the affairs of the said company. In the year 1999, the accused approached L.W.1 for employment after his retirement from Andhra Pradesh Dairy Development Corporation. Believing the representation made by the accused with regard to his experience, the complainant appointed him as General Manager in the month of February, 1999. During his tenure as General Manager of the Company, the accused requested the informant to invest some amount for the smooth running of the company. Believing the representation, the informant arranged Rs.9,09,450/- and handed over the same to the accused. In stead of procuring the products, the accused is alleged to have misappropriated the said amount and shown the same as his own in the books of account. The said fact came to light during the course of audit and the same was brought to the notice of the informant. According to the audit report, the accused has siphoned of funds by selling 5000 kgs of skimmed milk powder on 31-7-2000 and 1-3-2000 worth Rs.3.5 lakhs. A report about the said incident was lodged on 15-11-2000, which came to be registered as Cr.No.139/2000 of Jaggaiahpet Police Station. After investigation, the police filed a charge sheet.

(3.) The learned counsel for the petitioner mainly submits that the learned Magistrate erred in issuing non-bailable warrant on 9-9-2004. In view of the fact that the petitioner was granted anticipatory bail in the year 2001, he submits that issuance of non-bailable warrant is unwarranted. Relying upon the judgment of the Apex Court in Inder Mohan Goswami v. State of Uttaranchal; (2007) 12 SCC 1, the learned counsel for the petitioner submits that the Magistrate ought to have issued summons before taking the coercive step of issuing a non-bailable warrant.