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Judgment
Sanjaya Kumar Mishra, J
Heard Mr. S.K.Shandilya, learned counsel for the writ applicant and Mr. K. S. Rawal, learned Assistant Government Advocate for the State.
Learned counsel for the petitioner seeks quashing of the FIR dated 19.05.2022 numbered as FIR No. 418 of 2022, under Section 408 IPC, PS Bhagwanpur, District Haridwar.
However, on reading of the FIR, it is apparent that the petitioner is working as an Accountant in the informant company. The General Manager made a visit to the Roorkee Branch on 24.03.2022 and found that there is discrepancy of Rs. 7,39,921/- from the Branch and that the petitioner admitted before him that he has defalcated the aforesaid amount. Learned counsel for the petitioner emphatically argued that the petitioner has not committed the aforesaid offence as every year the accounts of the company is audited by a Chartered Accountant and there is no mention of the defalcation or malfeasance by the petitioner in the said report. However, the learned counsel for the petitioner express his inability to produce such documents like audit report
In that view of the matter, this Court is of the opinion that this court does not fall within the four corners of the considerations that are required to be satisfied before quashing an FIR. In absence of in exercise of jurisdiction under Article 226 of the Constitution of India as laid down by the Hon’ble Supreme Court in M/S Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharastra and others, 2021 SCC online SC 315.
This Court is not inclined to entertain the writ application. Hence, the same is dismissed being devoid of merit.