JUDGMENT :

1. Heard Mr. D. Das, learned senior counsel appearing for the petitioner as well as Mr. M. Phukan, learned P.P., Assam, appearing for the State/respondent No. 1 as well as Mr. D. Saikia, learned senior advocate appearing for the respondent No. 2/informant.

2. By filing this petition under section 482 of the Cr.PC, the petitioner is assailing the legality and validity of the criminal proceedings drawn up against her, pursuant to lodging of the FIR dated 7.3.2020, by the respondent No. 2, Dr. Nivedita Barthakur Sondhi, the Chief Executive Officer of the M/s. L.B. Group of Companies, before the SSP, CID, Kamrup (M) at Guwahati, resulting registration of CID P.S. Case No. 03/2020, under section 120 B/408/420/467/477 A of the IPC, dated 21.3.2020.

In support of her plea for setting aside/quashing of the FIR as well as the CID Case, the petitioner's counsel contends that the CID has no jurisdiction to investigate into an offence under the Companies Act, 2013 (‘the Act’), as the same are to be investigated by the Serious Fraud Investigation Office, established under the provisions of the Act, as it is well settled that the extent of special law shall prevail over the general laws. Resultantly the G.R. Case No. 4396/2020, arising out of the FIR, which was registered as CID P.S. Case No. 03/2020, is liable to be quashed and set aside.

3. The case of the petitioner is that she was originally appointed as the Accounts Executive of a Private Limited Company, incorporated under the provisions of the Companies Act, 1956, by the name and style of M/s. L.B. Medi Services Private Ltd., on 1.12.2015. Thereafter the petitioner was promoted to the rank of Deputy Chief Executive Officer (Dy. CEO) and Chief Financial Officer (CFO), in the year 2018. M/s. L.B. Medi Services (P.) Ltd. is a constituent of a group of companies under the name and style of “L.B. Group of Companies” and the management and ownership of the said group is almost same, as that of M/s. L.B. Medi Services Private Ltd. The constituent companies of the L.B. Group of Companies along with their individual line of business are as follows:

(a) L.B. Medi Services (P.) Ltd. : Pharmaceutical Distribution.

(b) L.B. Agro (P.) Ltd. : Recycled Paper Manufacturing.

(c) L.B. Enterprises (P.) Ltd. : Cable Wires Manufacturing.

(d) Dihing Tea Co. (P.) Ltd. : Tea garden and Tea factory.

4. The Chief Executive Officer of the M/s. L.B. Group of Companies lodged an FIR before the SSP, CID, Guwahati, on 7.3.2020, alleging, inter alia, that the petitioner was working as the Chief Financial Officer (CFO) and the Deputy Chief Executive Officer (Dy. CEO) in their Group of Companies since 28.3.2018. From 8.1.2020 to 8.2.2020, the petitioner went on leave on account of her wedding and resumed her duties from 25.2.2020. During her leave period, the informant side came to know about several financial and procedural anomalies, mishandling of cash accounts, wrongful disbursals of cash and payments, forgery of documents, all of which has resulted in huge financial impact on the L.B. Group of Companies. Then a detail scrutiny was initiated by the Group of Companies, through the competent professionals and the same was continuing till lodging of the FIR.

5. The petitioner took decisions on day-to-day basis as to how much amount is to be withdrawn from various Bank Accounts and to be disbursed, for meeting expenses. On several occasions, the petitioner fraudulently obtained the signature of the Chairperson on the cheques in the garb of petty cash expenses by using her official capacity. After withdrawing the amount, she handed over the same to Sri Pranjal Das, Accounts Executive and Sri Ananda Ram Boro, Office Care Assistant, to disburse the amount and keep the record thereof.

6. On scrutiny of the informant company, the following irregularities came into the notice, among others:

(1) As per the Audited Balance Sheet of 2019, there was an opening balance of cash in hand of Rs. 7,08,961 but as per the petty cash le