P RAJAGOPALAN Vs. BIRLA JUTE

JUDGEMENT

(1.) - This Criminal Revision under sections 397 and 401 read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the TCodeT), has been filed by the accused/applicant for setting aside the order dated 14th May, 1986, passed by the Judicial Magistrate, First Class, Satne (Shri R. S. Rathore), in Criminal Case No. 424 of 1986, taking cognizence of an offence under section 406 of the Indian Panel Code against the applicant and issuing process against him, in exercise of his discreation under section 204 of the Code. A prayer has been made for quashing the criminal proceedings launched by the non-applicant against the applicant.

(2.) The relevant facts which gave rise to the filing of this Revision may be briefly stated thus: The non-applicant (hereinafter referred to as the Complainant/ Company), is a company having its registered office at Calcutta and one of its units at Setna which is engaged in manufacture of Cement. The complainant gave an appointment to the applicant as a Siemens Computer Maintenance Engineer, in its company at Satne by appointment letter dated 5th November, 1981, in pursuance of which the applicant joined the service with effect from 15.12.1981. Thereafter a detailed letter of appointment dated 6.1.1982 was issued to the applicant stating therein the service conditions etc. Later on, the work of the applicant was found satisfactory by the Company and, therefore, he was confirmed on the said post. Thereafter, the applicant was selected for training in West Germany. The complainant/Company obtained a bond dated stood a 24th May, 1982, from the applicant and the father of the applicant surety whereby they agreed that the applicant will serve the Company for a period of 5 years from the date of completion of the training a broad and in the event of failure to do so the applicant and his father as a surety, jointly and severally shall compensate the Company in terms of the said bond. The applicant joined his training on 28.6.1982 in West Germany organized by M/s Siemens at Karlsruhe.

(3.) It is alleged that after joining the training in West Germany, the Company received reports from M/s Siemens at Karlsruhe that the applicant was not taking proper interest in the training programme and acted with gross negligence. The applicant did not mend his ways despite repeated advice and warnings of the complainant/company as well as that of his father. Consequently, the company had no option but to ask the applicant to return back to India. The applicant after returning back to India on 19th September, 1982, instead of resuming his duties in the factory of the complainant/company at.Satne, for 5 years as per stipulation, the applicant took up service in Madhya Pradesh Electricity Board, at Korba, on 21st August, 1983.