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High Court of DelhiW.P.(CRL)/1527/2016

Shailendra Kumar Poddar v. Govt Of NCT Of Delhi & ANR

2017-03-09Hon'Ble Mr. Justice A.K. Pathak3 pages

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1527/2016 SHAILENDRA KUMAR PODDAR ..... Petitioner Through :

Mr. Rajiv Mishra and Mr. Gaurav Sharma, Advs.

versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through :

Mr. R. S. Kundu, ASC, Mr. Ankit Gulia and Mr. Harsh Choudhary, Advs. for R-1 with SI Laxman Kumar PS Janak Puri.

Mr. Lalit Mohan Dhyani, Liaison Officer for R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.03.2017 Petitioner has prayed for quashing of FIR No.154/2013 under Sections 420/381/406/408/468/34 IPC registered at police station Janak Puri on the complainant of Mr. Gurmeet Singh, Senior Liaison Officer of the Spice Retail Business (HOTSPOT) to be referred as 'Company' hereinafter. The FIR was registered pursuant to the directions of Learned Metropolitan Magistrate, Delhi given under Section 156 (3) Cr.P.C. Complainant alleged in the FIR that petitioner was working as a Store Manager in its Showroom at Janak Puri.

On 6th December, 2012, Mr Kapil Arora, Senior Liaison

Officer of the company found that there was a shortage of cash amounting to `3,00,000/-, inasmuch as, some mobile CC and accessories were also found short. During the investigation, one Mr. Aman Kumar came forward and stated that petitioner had swiped his credit card for `24,000/-. Learned counsel for the petitioner submits that compromise has been arrived at between the petitioner and Mr. Gurmeet Singh vide a compromise deed dated 6th May, 2016 for `2,50,000/- and pursuant thereof petitioner has already paid `1,75,000/- to Mr. Gurmeet Singh. `75,000/- was paid on 6th May, 2016 and `1,00,000/- was paid on 10th May, 2016. He submitted that Gurmeet Singh has signed the compromise deed as Senior Liaison Officer of the Company.

Learned Additional Standing Counsel submits that Gurmeet Singh was not working with the Company as on 6th May, 2016. He had resigned from his job on 31st March, 2016.

Mr. Lalit Mohan Dhyani, Liaison Officer of the Company, which is now known as Hot Spot Sales and Solutions Pvt. Ltd., is present in Court. He submits that Gurmeet Singh had resigned from the company on 31st March, 2016. No compromise has been entered into between the company and petitioner.

Learned counsel for petitioner submits that appropriate action would be taken against Gurmeet Singh. He further submits that petitioner would approach the company, that is, Hot Spot Sales and Solutions Pvt. Ltd. for compromise. He seeks leave to withdraw this petition. Disposed of as withdrawn.

A.K. PATHAK, J.

MARCH 09, 2017/dk