High Court of Punjab and HaryanaCRM-M/37728/2016dismissed

Dharmendera Singh v. State Of Haryana And ANR

2017-02-22Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-37728 of 2016 Date of decision : February 22, 2017 Dharmendera Singh ....Petitioner versus State of Haryana and another ....Respondents Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Deepender Singh, Advocate, for the petitioner Mr. Deepak Sabharwal, Addl. AG, Haryana, for the respondent Fateh Deep Singh, J. (Oral) The allegations against petitioner Dharmendera Singh in this anticipatory bail under section 438 Cr.P.C. are that complainant M/s Write Safe Guard Pvt. Ltd. entered into an agreement with M/s Tata Communication Pvt. Ltd. whereby complainant-company was supposed to put cash in the ATM machines of Tata Indicash as well as to carry on First Line Maintenance Works (FLM) on these machines whereby they were supposed to put cash in such machines for which the petitioner along with his co-accused were deputed being employees of the complainant company. It is as per the procedure that both these employees were provided with different passwords for opening of the vault of the machines.

Passwords were provided to both of them independently and separately but were to be operated together. Subsequently, it was revealed that shortage of total cash in ATM machines amounting to Rs 2,14,000/- was found pertaining to faulty transactions between 22.5.2015 to 17.7.2015 as the same was never received by the bank customers on account of certain technical faults in these machines and instead the amount was put into Retract Bin of the Dalbir Singh Tiwana 2017.02.27 16:27 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-37728 of 2016 -2machine and from where the same was to be put back into machine and rather the accused embezzled the same.

The contentions of the counsel for the petitioner is that the petitioner has deposited the amount of Rs 2,14,000/- in the Registry of this Court to show his bonafide and thus, he was entitled to bail as nothing is to be recovered. The same is sought to be opposed by learned State counsel on the grounds that the entire modus-operandi and the gamut of the same pertaining to the other machines so manned by the accused of this case needs to be undertaken for which custodial interrogation is essential.

Appreciating the submissions, in view of the fact that very prestige of banking system by cashless transactions means has been shaken by such a fraudulent and irresponsible conduct of the accused who are employees of the company entrusted with this task and that the entire gamut of the scandal is to be unearthed for which custodial interrogation is required. In view of the seriousness of the allegations and heinousness of the offence and provisions of section 438 Cr.P.C. are to be used sparingly, no ground for grant of anticipatory bail is made out. Accordingly, the present petition is dismissed.

( Fateh Deep Singh ) February 22, 2017 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2017.02.27 16:27 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.