THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.7141 OF 2008 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., seeking quashing of further proceedings in C.C.No.704 of 2008 on the ﬁle of the learned VII Metropolitan Magistrate, Cyberabad against the petitioner-accused. 2. Heard both sides. Perused the record. 3. On a complaint given by the 2nd respondent, who is the Business Development Manager of M/s Subhiksha Trading Services Limited, police registered a case in Cr.No.734 of 2008 against the petitioner-accused and others for the oﬀences under Sections 420 and 408 IPC. According to the complaint, the accused was a retail outlet Manager responsible for the custody of the stocks and sales eﬀected and account for the sale proceeds realized and that in the year, 2008 from April to July, there was a shortage of stock worth Rs.79,444/- in the Vanasthalipuram retail outlet as per the audit report. It is further alleged that after giving margin to the variance in the price, discount and damage etc., in a sum of Rs.55,324/-, still there was a shortage worth Rs.79,444/- and when the accused was asked to explain for the same, while accepting the shortage, he gave elusive reply. It is further stated that the accused has signed and acknowledged the stock variance sheet and a show cause notice was issued to the accused, but he refused to receive the same. It is further alleged that the accused was neither oﬀering any explanation for the shortage in the stock nor was paying the dues in the price. After due investigation, police ﬁled charge sheet for the above said oﬀences, which was taken cognizance in C.C.No.704 of 2008. In the charge sheet, it is speciﬁcally alleged that the evidence gathered during the investigation established that the accused intentionally misappropriated the company’s stock to the extent stated above. 4. Learned counsel for the petitioner would submit that shortage of stock is a normal feature that occurs in any retail outlet and for a mere shortage of stock, no inference of misappropriation can be drawn. 5. As per the averments in the complaint and the charge sheet, after giving necessary margin to the variance in price, discount and damages in a sum of Rs.55,324/-, still there was a shortage of stock worth Rs.79,444/-for which there was no explanation from the accused. The question as to whether or not the accused has misappropriated the said stocks is a matter to be considered on evidence that may be adduced during the course of trial. Having regard to the fact that the shortage in the stock is said to have been reﬂected by the auditor’s report and that the accused has also signed the stock veriﬁcation statement and his plea being that it is only a normal feature happening in any outlet which has to be considered only on evidence that may be adduced during the course of trial, it is held that the ingredients of the alleged oﬀences are prima facie attracted. In the circumstances, it is considered not a ﬁt case at all to invoke the inherent powers of the Court under Section 482 Cr.P.C. and quash further proceedings. 6. In the result, Criminal Petition is dismissed. _______________________ G.V.SEETHAPATHY, J 01st December, 2011. Tsy