Madhya Pradesh High Court
Piyush Jain vs The State Of Madhya Pradesh on 10 June, 2020
Author: Shailendra Shukla
Bench: Shailendra Shukla
1 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.15032 OF 2020 (Piyush Jain vs State of Madhya Pradesh) Indore, Dated 10.06.2020 Mr. Akash Rathi, learned counsel for the applicant is present in person through Video Conferencing.
Mr. Amol Shrivastava, learned public prosecutor for the non-applicant/State is present in person through Video Conferencing.
Submissions were made on behalf of learned counsel for the applicant regarding anticipatory bail application in respect of Crime No.109/2020 registered at Police Station- Agar, District-Agar-Malwa for committing offence under Sections 409 and 34 of Indian Penal Code, 1860.
The crux of the prosecution story is that applicant being an Assistant Engineer in Madhya Pradesh Paschim Kshetra Vidyut Vitran Company (MPPKVV Company) was involved in committing embezzlement of money.
During the submission, it has been transpired that the applicant's duty was to verify the collection of money from the other Office Co-Assistants and that purposely and maliciously he did not make proper entries in a register called CRA Register. The applicant's job was to verify the entries made by the Office Assistants in CAC Register and noted down to CRA Register.
The question which is involved is whether if there is any difference between the entries recorded in CAC Register and CRA Register or whether the applicant could have correctly verified any defalcation made by the Office Assistants or 2 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.15032 OF 2020 (Piyush Jain vs State of Madhya Pradesh) not ?
Learned counsel for the applicant submits that defalcation by Office Assistants could only be determined by making use of CCNB Software which was only under the domain of Assistant Engineer (Commercial) and that the present applicant did not have any means to detect the defalcation made by the Office Assistants.
Learned counsel for the State needs to verify this aspect of the matter.
Let the matter be listed in the next week as prayed for.
(SHAILENDRA SHUKLA) JUDGE Arun/-
Digitally signed by ARUN NAIR Date: 2020.06.11 12:35:34 +05'30'