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2010 Supreme(P&H) 2891

SATISH KUMAR MITTAL, JITENDRA CHAUHAN
Transport Wings (Cal) Pvt. Ltd. – Appellant
Versus
Shamsher Singh – Respondent


Advocates:
For the Applicant:Mr. Satish Jain, Advocate.

JUDGMENT

Mr. Satish Kumar Mittal , J.:- Transport Wings (Cal) Pvt. Ltd. has filed this application seeking leave to appeal against the judgment dated 12.12.2009, passed by the court of Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri, whereby accused Shamsher Singh (respondent herein) has been acquitted of the charges under Sections 379, 467, 468, 471 read with Section 120-B IPC.

2. In the present case, the applicant company through its Branch Manager Sanjay Sharma had filed a complaint against its earlier Branch Manager Vijay Kumar (declared proclaimed offender by the trial court vide order dated 6.5.2008) and respondent Shamsher Singh, on the allegations that for the smooth and proper functioning of the Yamuna Nagar branch of the applicant company, Vijay Kumar, being Branch Manager of the company, was having certain confidential documents of the company and blank cheques, bearing signatures of the Managing Director of the company, without any date and amount. Subsequently, Sanjay Sharma, took over the charge of the office of Branch Manager at Branch Office, Yamuna Nagar, and immediatley thereafter, he found that three blank cheques (bearing No. 525326, 525316 and 525342) of











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