DEPONE ORGANICS PRIVATELTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER Depone Organics Private Limited through its Managing Director Jambu Kumar Jain J.K. Jain and its Managing Director Jambu Kumar Jain J.K. Jain have filed this petition for quashing the order dated 28.2000 passed by Sri Shahad Kausar, J.M. Ist Class, Patna, in T.R. No. 773/2000 arising out of Complaint case No. 953G/2000, whereby and who rounder the learned Magistrate has taken cognizance against the petitioners and thereby directed for issuance of process for appearance of the petitioners so as to put them on trial for the offences punishable under Sections 420, 206, 120B of Indian Penal Code.

(2.) HEARD learned Counsel for the petitioners, O.P. No. 2 and learned Additional Public Prosecutor appearing on behalf of the State.

(3.) THERE is endorsement of the learned Counsel for O.P. No. 2 to the aforesaid submission advanced on behalf of the petitioners. In addition to that, learned Counsel for the petitioners has also submitted that in the given situation no cause of action for continuance of any prosecution for the grievance of the complainants O.P. No. 2 as alleged in the complaint petition, would attract any criminal prosecution of the petitioners under Section 406 or 420 of Indian Penal Code. Almost all the ingredients for considering such offence falling within the purview of Sections 406 and 420 of Indian Penal Code are lacking. The complainant, if any, hack grievance in respect of termination of his service from the company of the petitioners, remedies are available and he should knock the appropriate authorities as provided under the law.