(1.) IN the above captioned first petition, petitioners are the Deputy General Manager (P&A) and the Manager of Badarpur Thermal Power Station, who are accused of misappropriating the contribution of canteen employees of Badarpur Thermal Power Station (hereinafter referred to as B.T.P.S.) towards Provident Fund.
(2.) AFORESAID petitioners in Crl.M.C. 3038/1999 are seeking quashing of complaint No.642/1/96 (Annexure A) and the summoning order of 12th May, 1998 (Annexure B) vide which they have been summoned as accused for committing the offence under Section 409 of IPC. Petitioners' application in Crl.M.C. 3038/1999 to recall abovesaid summoning order stands dismissed by trial court vide order of 27 th September, 1999 whereby petitioners' co accused R.D. Gupta was discharged.
(3.) AT the final hearing, with the consent of both the sides, above captioned two petitions were heard together as the challenge in these two petitions is to the order of 27th September, 1999 (Annexure B) and so, by this common judgment, both these petitions are being disposed of.