PRAMOD Vs. GARWARE PLASTICS AND POLYESTER LIMITED

JUDGEMENT

(1.) These are two criminal writ petitions which can conveniently be disposed by this common judgment.

(2.) The petitioners in these two writ petitions are engineering graduates, who were employed in the respondent No.1 Company. It may be stated that the petitioners have qualified themselves in Instrumentation Engineering. There are common terms and conditions of service in the company and it appears that at the time of appointment, the candidates are required to enter into an agreement of service on the basis of the said terms and conditions. The petitioners were initially appointed for a period of 3 years whereafter their period of service was extended by further period of 3 years. However, before the completion of the extended period of 3 years, they left their service and joined some other company.

(3.) The respondent No. 1 Company filed the instant complaint cases against them on the ground that the petitioners left the service in contravention of the terms and conditions of service agreed to by them. It is alleged in the complaints against them that at the time of leaving the service they were required to hand over charge of the entire documents etc. of the company in their possession. It is also alleged in the complaints that the petitioners had gained special technical know-how by the special training in the company which they carried with them and used in the other company which they joined. In support of the complaints one Arun Vishwanath Joshi, the Manager, Production and Administration of the respondent No.1 Company was examined. It is on the basis of the written complaints and the verification statement of the aforesaid Manager of the respondent Company that the learned Chief Judicial Magistrate has registered the cases against the petitioners for offences of criminal breach of trust and cheating punishable under sections 408 and 420 of the I.P. Code. By these writ petitions the petitioners have challenged the aforesaid orders of the learned trial Magistrate directing issue of process against them.