In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-36212 of 2009 ..... Date of decision:25.3.2010 Narinder Kumar Gupta .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Suveer Sheokand, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab for the respondent-State. Mr. R.S. Mamli, Advocate for the complainant. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him on 6.5.2009 for the offence under Sections 420, 409, 467, 468 and 471 IPC. The FIR in the case has been registered on the complaint of Rajinder Singh Pathania, General Manager North, Transcorp International Limited. It has been alleged by the complainant that Transcorp International Limited does business of exchanging money and is having its Branch office opposite ESI Hospital Bharat Nagar Chowk, Ludhiana. The petitioner, who was working as Branch In-charge in the said office since 13.3.2007 by fraudulent means had cheated the company for a sum of about Rs.26.37 Lacs. The said amount was received by him against sale of travelers cheques of the company but he misappropriated and embezzled the Cr. Misc. No.M-36212 of 2009 [2] same. The details of the cash memos by which the payments are made are mentioned. According to the petitioner one Atul Sharma who was frequently visiting the company had taken the amount from the Cashier, namely, Satwinder Kaur by adopting various means and when he took about Rs.26 Lacs and he did not deposit the amount withdrawn by him with the company, the petitioner had tried to contact him a number of times but was unable to talk to him. Regarding this the petitioner had informed the complainant as well as other superiors that Atul Sharma was not making the payment. The petitioner also gave a complaint to SSP, Ludhiana and SHO Division No.5, Ludhiana on 29.4.2009 by way of speed post but no action had been taken. According to the learned counsel for the State and the complainant the petitioner is involved in heavy embezzlement and he was the Branch Manager of the company and in his said capacity he after selling the travelers cheques of the company and receiving the amount did not deposit the same in the account of the company. After giving my thoughtful consideration to the matter it may be noticed that the case is based primarily on documentary evidence. The FIR in the case was registered on 6.5.2009. The petitioner is in custody for the last about four months. The allegation of embezzlement is quite substantial. However, the case is to be proved against the petitioner in accordance with law. The case is triable by a Magistrate of the Ist Class and the trial is likely to take time. The fact that the case is based primarily on documentary evidence the chances of the petitioner tampering with the same are not there. Cr. Misc. No.M-36212 of 2009 [3] In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of learned Illaqa Magistrate shall be admitted to bail. The criminal miscellaneous petition stands disposed of. March 25, 2010. (S.S. Saron) Judge *hsp*