Jaldip Jitendrakumar Dave Vs State of Gujarat & Anr (Gujarat High Court)
The Gujarat High Court has dismissed a petition by Jaldip Jitendrakumar Dave to quash a First Information Report (FIR) that alleges he misused his position as an employee to siphon over Rs. 1.64 crore from his employer’s companies. The FIR was registered at the Satellite Police Station in Ahmedabad for offenses under various sections of the Bharatiya Nyaya Sanhita, 2023.
The petitioner, a former employee of a consultancy firm, claimed he was being falsely implicated and that the money transactions were part of a scheme orchestrated by the complainant and their parents to gain income tax benefits. He asserted that the funds, which were temporarily deposited into his personal account, were subsequently returned to the company’s account. He also contended that the lack of “signature mismatch” endorsements on the cheques proved that he had not forged any documents.
The prosecution, represented by the Learned Additional Public Prosecutor, opposed the petition, stating that the investigation was in its preliminary stages and that the petitioner’s arguments were defenses that could not be considered at this stage. The court, after reviewing the FIR and related documents, found prima facie evidence of an offense. The court noted that the petitioner and two other co-accused had initially admitted to misappropriating a larger sum and had returned a portion of it, leaving the remaining amount as the basis for the present complaint. The court also rejected the petitioner’s argument about the audit, stating that the allegation was one of cheating and forgery by an employee who had gained the company’s trust.
