P S SHENOY Vs. G KRISHNAMURTHY

JUDGEMENT

(1.) THE petitioners, who have been arrayed as A2 to A4, have come forward with this petition, seeking for the relief of quashing the proceedings initiated by the respondent/complainant by preferring a private complaint for the alleged offences under Sections 405, 406 and 409 of IPC pending in C.C.No.6776 of 2004 on the file of the learned VII Metropolitan Magistrate, George Town, Chennai-1.

(2.) LEARNED counsel appearing for the petitioners submitted that the impugned complaint relates to the alleged misappropriation of an amount of Rs.18,177.53/- towards the part of due payment of Provident Fund and Gratuity. It is further submitted by the learned counsel for the petitioners that the said amount was paid through a pay order to-day bearing No.000411/29.09.2008 drawn on Bank of Baroda. It is also represented by the learned counsel for the petitioners that this payment is made without prejudice to the rights and claims of the Bank. The learned counsel for the petitioners has filed an affidavit of Mr. S. Devaseelan, dated 30.9.2008, the present Assistant General Manager at the Regional Office of Bank of Baroda, Chennai in respect of the payment of Provident Fund and Gratuity amount, alleged to have been misappropriated by the petitioners, without prejudice to the rights of the respondent in W.P.No.16913 of 2003. It is also submitted that the respondent further stated in the affidavit that he is not interested in pursuing the criminal complaint, namely, the instant complaint.

(3.) THE allegation in the impugned complaint is to the effect that the petitioners, who are the officials of the Bank, namely, Bank of Baroda, Chennai, said to have misappropriated of an amount of Rs.18,177.53/-, which is to be paid towards the part of due payment of Provident Fund and Gratuity to the respondent.