Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1426 of 2019 Petitioner :- Vishal Jain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sujan Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Sujan Singh, for the petitioner and A.G.A. for the State.
The writ petition has been filed for quashing F.I.R. dated 3012.2018, registered as Case Crime No.1446 of 2018, under Sections 420, 406, 506 IPC, P.S. Tajganj, district Agra.
A perusal of the F.I.R. shows that in substance the allegation has been that Vishal Jain(petitioner) was working as Head in the Front Office of Hotel of the informant for the last three years. For the last ten months the informant was engaged in the illness of his brother due to which he could not check the bills. When he checked the bills from 24.12.2018 to 27.12.2018 then he found that the payment relating to bill was made in cash while its payment has been shown by old receipts relating to credit cards by making such payment Rs.1-00 lac was misappropriated by the petitioner.
The counsel for the petitioner submits that the petitioner has been working as Head of Front Office of the hotel of th informant for the last three years. The petitioner has worked honestly. It is only when the salary of the petitioner became due and he demanded his salary then on false allegation the present F.I.R. has been made as it is not possible for the petitioner to make payment on receipts of old credit cards inasmuch as customer will take the original receipts while making cash payment.
The F.I.R. discloses a cognizable offence thus it is not liable to be quashed.
In the facts of the case writ petition is disposed of with the direction that the petitioner shall not be arrested in Case Crime No.1446 of 2018, under Sections 420, 406, 506 IPC, P.S. Tajganj, district Agra till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 21.1.2019 mt