Delhi High Court
Thomson Reddy vs State (Nct Of Delhi) on 14 January, 2019
SHAKUN ANAND
28.01.2019 11:06
$~4
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 14th January, 2019
+ BAIL APPLN. 2515/2018
THOMSON REDDY ..... Petitioner
Through: Mr. Joseph Aristotle S and Mrs.
Priya Aristotle, Advocates
versus
STATE (NCT OF DELHI) ..... Respondent
Through: Mr. Kewal Singh Ahuja, APP for
State
Mr. Gautam Dhanua and Mr. Rakesh
Chehar, Advocates for the complainant
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
ORDER (ORAL)
1. Allegations were made against the petitioner in the first
information report (FIR) no.491/2018, registered by police station
Prashant Vihar on 06.10.2018, by M/s. Gold Plus Glass Industry Ltd.,
a company in which the petitioner was employed during the relevant
period as Purchase-Head. It is alleged that he indulged in certain acts
of omission or commission mis-using his official position so as to
cause wrongful loss to the employer company by way of cheating,
such loss, as per the initial calculations being on account of the
company having been over billed to the extent of Rs.1 Crore in a
certain contract for procurement of materials.
2. The petitioner apprehending arrest approached this court for
anticipatory bail, his prime contention being that he was the lowest in
hierarchy whereby the decision to place the purchase order was taken,
his role being limited, there being no clause incorporated in the
purchase order to take care of the price variation on which account
the wrongful loss was being alleged.
3. While issuing notice to the respondent / State, this court by
order dated 25.10.2018 had granted interim protection to the
petitioner against coercive steps subject to the condition that he would
join and cooperate with the investigation as and when called upon to
do so. Though some submissions were made on 22.11.2018 that the
petitioner was not forthcoming with the requisite information on his
assurance for full cooperation from that said stage, the interim order
was extended.
4. Further status report has been submitted today, it revealing that
on account of certain further facts having been dug out, the scope of
the investigation has since been expanded, the case now involving
additional offences punishable under Sections 468, 471, 120 B IPC.
5. Going by the allegations set out in the FIR, as initially lodged,
the petitioner as the Purchase-Head had recommended purchase order
to be placed with an entity known as M/s. Exen Chem, even though
the bid quoted by it was highest, the lower quotations having been
dishonestly ignored. The report of internal investigation conducted
by the complainant company evinces an admission of the petitioner
regarding an amount of Rs.38 Lakhs having been excessively granted
in the said purchase order. The evidence gathered, as is now shown
to the court, includes material reflecting that the petitioner and close
members of his family have received certain credits in their bank
accounts from suspect sources, this having a bearing on the prime act
of cheating by award of the purchase order causing wrongful loss,
which is now assessed to be to the tune of Rs.5.5 Crores. Aside from
this, reference is also made to certain suspect transactions facilitated
by the petitioner in the nature of credit entries in the accounts of
Ranjan Kumar and Udit Mehra who were closely associated with the
petitioner.
6. In the aforesaid facts and circumstances, it is hardly a case
where this court should exercise the discretionary power to grant
anticipatory bail. As submitted by the Additional Public Prosecutor,
custodial interrogation would be required to unearth the contours of
the criminal conspiracy as is suspected to be the root cause of the
prime offence of cheating.
7. The petition is dismissed.
R.K.GAUBA, J.
JANUARY 14, 2019
yg
