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5. On the contrary, Sri Trivedi, learned Senior Counsel has submitted that applicant was salesman in the Informant's firm i.e. M/s Biomass Research and Technical Solution Private Limited (hereinafter referred to as "M/s Biomass"); he along with his entire family members were involved in embezzlement of crores of rupees which have been collected in the shape of cheque/ cash against the goods supplied by Company to customers and, therefore, he has committed offences under Sections 419, 420, 467, 468, 471, 120-B/34 I.P.C.

8. FIR case is that Sri R. Bala Subramaniyan is a proprietor of M/s Bhagwati Agencies and R.B.S. Poultries. It used to purchase poultry feed supplements from M/s Biomass Research and Technical Solution Private Limited (hereinafter referred to as "M/s Biomass") at 402, Krishna Tower, Civil Lines, Kanpur Nagar and T.F.F. Home and Fabric Care Chemicals Private Limited, Kanpur. Applicant-accused Sumit Awasthi son of Rishi Nath Awasthi, was working as Salesman in M/s Biomass. He used to collect cash, cheque etc., towards payment made by Complainant/Informant's Firm to M/s Biomass for the supply of poultry feed supplements. When M/s Biomass made a demand for payment of supply of goods made to Complainant/Informant's Firm, it was told that M/s Biomass Salesman Sumit Awasthi had collected Rs. 20,25,000/- in cash between 20.12.2013-2014 and Rs. 4,25,000/- by NEFT through applicant. M/s Biomass told that Sumit Awasthi has not deposited any cash amount collected from Complainant/Informant's Firm for the period as told by Complainant/Informant. When enquiry was made by Complainant/Informant from its bank, it came to know that accused applicant Sumit Awasthi and Smt. Ramawati Awasthi (mother of applicant) have constituted a Firm with the same name as M/s Biomass with the only difference that the words "Private Limited" was omitted. Its address was given as residential address of accused-applicant Sumit Awasthi. The entire amount paid by Complainant/Informant's Firm was deposited by Sumit Awasthi in the forged firm, M/s Biomass Research and Technical Solution. It was found that amount collected by Sumit Awasthi from Complainant/Informant's firm was further invested in fake accounts, opened in the name of accused-applicant's mother Smt. Ramawati Awasthi, his father Sri Rishi Nath Awasthi and sisters Anjali Awasthi and Rachna Awasthi. Accused-applicant Sumit Awasthi also introduced Rishi Nath Awasthi, Anand Tripathi and Vivek Tripathi as employees of M/s Biomass and told that payment of goods supplied may be given to them. Believing thereon, Complainant/Informant's Firm also made payment to aforesaid three persons in cash of Rs. 20,25,000/- during the period of 20.12.2013-2014 and receipts were obtained from these three persons. Subsequently, when enquiry was made by M/s Biomass, they told that they had no such employee in the name of Sri Rishi Nath Awasthi, Anand Tripathi and Vivek Tripathi, therefore, on the fraud and conspiracy of Sumit Awasthi, he has received a huge amount from Complainant/Informant's firm towards payment of goods supplied but it was not actually deposited with M/s Biomass, who had actually supplied goods. Accused-applicant also introduced that M/s Biomass, to increase turnover and reduce liability has constituted sister concerned and operating M/s Biomass i.e. R.R.S. Laboratories and Promos Life Rise and Animal Health Care. Invoice of aforesaid Companies supplied to Complainant/Informant's Firm had a logo of M/s Biomass and in that manner, he playing fraud, obtained a huge amount from Complainant/Informant's firm and the same has been embezzled and used the same for his own purposes. Fraud played by accused-applicant in conspiracy with persons above named, could not be detected immediately or within a reasonable time since Complainant/Informant's Firm is in State of Tamil Nadu and that is why, some delay has occurred in detection of alleged fraud.

10. Basically, arguments advanced by learned Senior Counsel are mostly founded on sentiments stating that parents of applicant are old, aged about 62 and 63 years, respectively; two sisters, namely, Km. Rachna Awasthi (aged about 21 years) and Km. Anjali Awasthi (aged about 19 years) are still undergoing education and they have also been implicated which will spoil their entire future but he could not dispute that accused-applicant was employed as a Salesman in M/s Biomass wherein Sri Ajay Kumar son of Dr. Vijay Shanker is one the of Director. M/s Biomass is manufacturing and supplying poultry feed supplements and sale is given effect directly by Company and also through salesmen. Accused-applicant was employed as a Salesman since 2005. M/s Biomass received a complaint from various customers from different States that Poultry Feed Supplement is not being received by them though they have made payments, either through cheque or cash, to the Salesman of M/s Biomass i.e. Sumit Awasthi accused-applicant. It was also informed that accused-applicant told customers of M/s Biomass that there is a sister concern of M/s Biomass with the name of M/s Biomass Technical and Solution (the words "Private Limited" were omitted) and in that name, he collected cash and cheques. Thereupon, Sri Ajay Kumar, Director of M/s Biomass made enquiry and found that accused-applicant has got opened certain bank accounts in his name as well as his mother and they played fraud and embezzled a huge amount. In this regard, Sri Ajay Kumar, also initially lodged FIR registered as Case Crime No. 534 of 2014, under Sections 420, 467, 468, 471, 408 IPC, Police Station Kotwali, Kanpur Nagar in which accused-applicant and his mother Smt. Ramawati Awasthi were named and it was stated that they have embezzled and misappropriated a sum of Rs. 1,70,00,000/-. Investigating Officer after making enquiry submitted an application before Special Judicial Magistrate, Kanpur Nagar dated 04.03.2015 requesting for freezing of various bank accounts operating in different banks in the name of accused-applicant as well as his other relatives. The Firms which were constituted by accused-applicant and details of bank accounts are as under:-

S.No. Bank Name Name of Account-Holder Account No. ICICI Bank Biomass Research and Technical Solution 06000500072

2.

ICICI Bank R.R.S. Laboratories 06000500562

3. ICICI Bank Sumit Awasthi 06000500839

4. ICICI Bank Rishipal Awasthi 060001502789

5. ICICI Bank Ramwati Awasthi Not clear

6. ICICI Bank Rachna Awasthi 060001503183

7. ICICI Bank Anjali Awasthi 060001502837

8. HDFC Bank Biomass Research and Technical Solution 0298761000115