JAYSHREE Vs. PRADHAN ENGINEERING ENTERPRISES PVT LTD.

JUDGEMENT

(1.) This order shall govern maintainability of this application under Sec. 482 Cr.P.C.

(2.) This application under Sec. 482 Crimial P.C. is directed against the order passed by the learned Chief Judicial Magistrate, Dewas in Criminal Case No.463/2016 dated 22.02.2016 whereby the learned Magistrate took cognizance against the applicants under Sec. 406 of IPC.

(3.) The respondent is a private limited company. A criminal complaint was filed before the learned Chief Judicial Magistrate under Sections 406, 420 and 120-B of Penal Code alleging therein that the complainant/company was manufacturing various parts of mono-block pump and supplied the product to Kirloskar Brothers Ltd. according to their order. One unit of the company was situated at Karad. After withdrawal of order by Kirloskar Brothers, it was decided by the complainant/company that the unit of the company at Karad would be wound up and all the machines, dies, and other equipments would be returned to Dewas Unit of the complainant. The petitioners No.1 to 4 were officers and employees of the company while petitioner No.4 is the company which was running the unit at Karad.