J.L.SOMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEAVE granted.

(2.) THESE criminal appeals have been filed by the appellants as they are aggrieved by the final common judgment and order dated 29.07.2011 passed by the High Court of Judicature at Patna dismissing their petitions for the reason that their earlier criminal misc. petitions were dismissed by a common order dated 12.06.2007 after hearing the parties which fact is admitted by the appellants but they again approached the High Court for similar relief. Hence, the High Court was not inclined to interfere with the same in the said criminal misc. petitions and dismissed the same. Aggrieved by the said orders passed in Criminal Misc. Case Nos. 15687 of 2011, 16326 of 2011 and 15681 of 2011, these criminal appeals have been filed by the appellants urging various facts and legal contentions and prayed to set aside the impugned order and quash the proceedings initiated against the appellants after taking cognizance of the offences alleged against them by the respondents/complainants in these appeals.

(3.) THE complainants resigned from their services from the aforesaid Company on 03.02.2003, 04.02.2003 and 04.02.2003 respectively. On resignation, they claimed full and final settlement and claimed salary, bonus, leave encashment, gratuity etc. which were allegedly due to them by the Company. The appellants, on the other hand, alleged that the complainants had allowed misappropriation of stocks and payments received from customers, allowed accumulation of outstanding dues to the Company against goods sold by allowing indiscriminate sales and did not recover the huge outstanding amounts although it was promised. Due to this, their full and final settlement of accounts was kept pending by the Company. The complainants denied the allegations and filed criminal complaints against the appellants alleging cheating and forgery, among other offences.