Gujarat High Court
Ranjeeta Kameshwarprasad Chaurasiya vs State Of Gujarat on 15 November, 2022
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/CR.MA/22463/2021 ORDER DATED: 15/11/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION NO. 22463 of 2021 RANJEETA KAMESHWARPRASAD CHAURASIYA Versus STATE OF GUJARAT Appearance: MR AFTABHUSEN ANSARI(5320) for the Applicant(s) No. 1 for the Respondent(s) No. 2 MRS KRINA CALLA APP for the Respondent(s) No. 1 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 15/11/2022 ORAL ORDER
1. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused seeks to invoke the inherent powers of this court, for quashing of the FIR_ registered with Lunavada Police Station, Dist.: Mahisagar, for the offence punishable under Section 409 of the Indian Penal Code.
2. The facts in brief giving rise to file the present application are that, the accused being LIC Agent is charged with the offence of misappropriation of premium amount allegedly given to her by the various policy holders as referred in the complaint and failed Page 1 of 9 Downloaded on : Sat Nov 19 20:45:41 IST 2022 R/CR.MA/22463/2021 ORDER DATED: 15/11/2022 to deposit the same before the concerned branch of the LIC, whereby, the applicant accused being an authorized agent of the LIC, committed an offence of criminal Breach of trust. According to case of the prosecution, the complainant being a Branch Manager of the Life Insurance Corporation of India (for short 'LIC'), lodged an FIR, alleging inter-alia that, the applicant accused was appointed as Insurance Agent by the LIC. In the year 2018, she had collected amount of premium in cash as well as by cheque from the different policy holders. The applicant accused received cash RS.2,69,024=38ps and also received various cheques amounting Rs.2,22,841/-. The total amount collected for and on behalf of the LIC was Rs.4,41,865=38ps. It is further alleged in the FIR that, she had been informed about the collection of the amount and directed to deposit the same with the LIC. She had deposited only Rs.50,000/- and rest of the amount she did not deposit, despite the service of show cause notice and termination of the agency. In such circumstances, it is alleged in the FIR that the applicant has committed an offence of criminal breach of trust as during her tenure as LIC agent and while performing her duties as agent, collected and received premium amount and failed to deposit with the LIC and misappropriated the amount which is public money.
Page 2of 9 Downloaded on : Sat Nov 19 20:45:41 IST 2022 R/CR.MA/22463/2021 ORDER DATED: 15/11/2022 This Court has heard learned counsel Mr. A.A. Ansari for the applicant and Mrs. Krina Calla, learned APP for the respondent State.
Mr. A.A. Ansari, learned counsel for and on behalf of the applicant accused submitted that the applicant being a lady accused, has been falsely implicated in the alleged offence and considering the nature of offence and evidence collected during the course of investigation, the ingredients of Section 409 are not attracted. He would further submit that the applicant owing to her hard work procured more than 4000 policy holders and received commission for the premium collected from the policy holders and in the year 2018, she was promoted as TOP CLUB PICK and also member of million dollar round table and had achieved the criteria of COT Agent. It is in this context, he submitted that, in the month of July, 2018 to October, 2018, the payment of commission suddenly stopped by the LIC for which, she had asked the authority, however, she did not receive any reply. Thus, due to filing of the complaint for non-payment of commission, the complainant has grudged in his mind, as a result of which, present FIR came to be filed, which is nothing but misuse of the process of the court.
Page 3o0f 9 Downloaded on : Sat Nov 19 20:45:41 IST 2022 R/CR.MA/22463/2021 ORDER DATED: 15/11/2022 Mr. A.A. Ansari, learned advocate submitted that, prior to FIR, she was asked to deposit the amount but she could not make the remittance because at relevant time, her husband and mother-in-law fall ill and had Spent the alleged amount towards their treatment. The applicant herein requested the authority to deduct the alleged amount from her commission and sought setting off the amount and also deposited Rs.50,000/- on 25.03.2019 to the complainant. It is in this context, he submitted that there was no intention on her part, in the alleged act of misappropriation of the amount and therefore, the allegations made in the FIR even if accepted in their entirety, do not prima-facie constitute any offence or make out a case against the accused.
Mr. Ansari, learned counsel for the applicant submitted that, the applicant has been granted anticipatory bail by the Co-ordinate Bench of this Court and has deposited the entire amount before the court concerned as a part of condition imposed by the Court while releasing her on anticipatory bail.
In view of the aforesaid contentions, learned counsel would submit that pendency of the criminal proceedings is nothing but an abuse of the process of Page 4of 9 Downloaded on : Sat Nov 19 20:45:41 IST 2022 R/CR.MA/22463/2021 ORDER DATED: 15/11/2022 the court and therefore, the FIR as well as consequential proceedings is nothing but an abuse of process of the court and therefore, the impugned criminal proceedings is required to be quashed.
On the other hand, learned APP Mrs. Krina Calla, on advance copy, vehemently opposed the application and submitted that, the applicant being a LIC Agent, collected and received money as referred in the FIR from the different policy holders which she is required to deposit before the concerned branch of the LIC and She has not denied the very fact. Learned APP further submitted that even after serving the notices and termination of the agency, the applicant failed to deposit the alleged amount with the LIC, which clearly established that there is a prima-facie evidence of the money having been misappropriated by her and therefore, case is fall under Section 409 of the IPC and therefore, the application is liable to be dismissed.
Having heard the learned counsel for the respective parties, upon perusal of the contents of the FIR and material placed on record by the applicant, the issue arise is whether the FIR and consequential proceedings are liable to the quashed in exercise of extraordinary and inherent jurisdiction?.
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10. Before adverting to the issue raised by the applicant, it is necessary to refer the penal provision Section 409, which reads as under:
"409. Criminal breach of trust by public servant, or by banker, merchant or agent.
-- Whoever, being in any = manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and Shall also be liable to fine."
11. A bare perusal of the Section, it says that, in order to bring a case within Section 409, it is necessary to prove that the property was entrusted to a public servant or bankers, merchants, factors, brokers, attorneys and agents and that he/she accepted the property entrusted being in his/her capacity, commits criminal breach of trust in respect of that property, Shall be punished with the imprisonment as referred in the Section.
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12. In the facts of the present case, in the year 2018, the applicant was working as a LIC Agent and had collected huge amount from the different policy holders. She was authorized to collect the premium for and on behalf of the LIC. The internal communication would further show that in violation of conditions of authorization letter and branch rules, regarding premium point collection, she failed to remit the amount, for which, she was served with show cause notice alleging that her act was in violation of Section 16(1), 16(2) of the Life Insurance Corporation of India (Agent's) Regulations 2017. Even after notice, she failed to remit the entire amount as asked by the authority. In such circumstances, the present FIR is being filed against the applicant. Thus, the applicant being an agent, was authorized to receive the money, in her capacity as an agent and also in connection with her duties as an agent. The defense which has been pleaded by the applicant that due to illness of her family members and discontinue of commission amount, she had used the amount for her personal purpose, which cannot be a legal ground to believe that, there is no intention on her part for committing the offence of criminal breach of trust.
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13. It is no more res-integra that exercise of power under Section 482 Cr.P.C, to quash a criminal proceeding is only when an allegation made in the FIR or the charge- sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.PC is to prevent the abuse of process of any court or otherwise to secure the ends of justice. It is settled law that the evidence produced by the accused in his defence cannot be looked into by the Court, except in very exceptional circumstances, at the initial stage of the criminal proceedings. It is trite law that the High Court cannot embark upon the appreciation of evidence while considering the petition filed under Section 482 Cr.P.C for quashing criminal proceedings.
14. For the foregoing discussions made herein above and considering the contents of the FIR, it cannot be said that prima-facie no offence is made out against the applicant. All the submissions made by the applicant, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings under Section 482 of Cr.P.C. Hence, present application is devoid of any merits. It is clarified that the dismissal of the application will not prejudice the case of the applicant at the stage of trial and it will be open to the applicant to raise all the points during the Page 8of 9 Downloaded on : Sat Nov 19 20:45:41 IST 2022 R/CR.MA/22463/2021 ORDER DATED: 15/11/2022 trial. The observations made hereinabove, are tentative in nature, confine to determination § of present application only. Accordingly, application fails and is hereby dismissed.
(ILESH J. VORA,J) P.S. JOSHI/19/11 Page 9of 9 Downloaded on : Sat Nov 19 20:45:41 IST 2022