RAJINDER CHAND ABROL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Shri Mahesh Arora, Manager (Project)-cum-Secretary, M/s. Auro Spinning Mills, Baddi-Nalagarh, a unit of Vardhman Spinning and General Mills Ltd., Ludhiana, the present respondent No. 2, submitted a complaint under Section 420 IPC against the present petitioner before the Sub Divisional Judicial Magistrate, Nalagarh, on 28/01/1993. The learned Magistrate on that very day ordered the complaint to be forwarded to the S.H.O. Police Station, Barotiwala, under Section 156(3) of the Code of Criminal Procedure for further action as per law. F.I.R. No. 23/93 dated 24/02/1993 under Section 420 IPC at Police Station, Barotiwala, as such, was registered against the present petitioner on the basis of the accusations made in the complaint.

(2.) In order to appreciate the controversy between the parties the relevant accusations made against the present petitioner in the complaint which have been made the base of the F.I.R., referred to above, are essential to be taken note of at the very out-set.

(3.) Shri Mahesh Arora, the complainant, submitted the complaint who was authorised by the Company to file the said complaint as per averments made in the complaint itself. Paras 3 to 8 of the complaint are reproduced hereunder which, in detail, explain the criminal accusations levelled against the present petitioner :