V.K.MITTAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THROUGH this writ application, extraordinary jurisdiction of this Court as enshrined under Article 226 of the Constitution of India, has been invoked on behalf of the petitioners to quash the criminal proceedings of a complaint bearing C/1 Case No. 1011 of 2009, including the order dated 11.5.2009, passed by Shri Uttam Anand, learned Judicial Magistrate, Jamshedpur, whereby and whereunder learned Magistrate having found the prima facie case to be true under Sections 406, 420, 426, 504, 506/34 of the Indian Penal Code has summoned the petitioners.

(2.) BEFORE adverting to the submissions made on behalf of the parties, the facts giving rise this application need to be taken notice of. It appears that the complainant - respondent No. 2 filed a complaint against the petitioners stating therein that while the complainant was working as Deputy Manager in Tinplate Company of India Limited, Jamshedpur, he gave his Bio -data on the web site of (sic). Being satisfied with the qualification of the complainant, the accused persons by calling him on his mobile offered a job in Global Steel Philippines (SPV -AMC) Inc., Philippines with lucrative salary and made request to send a formal application, which was accordingly sent. Thereupon, E - mail was sent to the complainant, whereby he was asked to come to Bombay for further negotiation. When the complainant approached one Manish Chandra, a senior officer of the Company, convinced him of a better prospect. On being induced, the complainant left the job of Tinplate Company of India Limited, Jamshedpur and joined the Company of the accused persons at Navi Mumbai from where he was sent to Philippines where he worked to the full satisfaction of the accused persons for four years but suddenly, he was asked vide letter dated 6.1.2009 to proceed on forced leave and in fact, he was compelled to leave the job, though as per the contact, three months' notice prior to termination was required to be given by the Company, but neither three months' prior notice was given nor the salary for three months was paid and as such, the accused persons did commit offence under Sections 406 and 420/34 of the Indian Penal Code.

(3.) BEING aggrieved with the said order, this writ application has been filed for quashing the entire criminal proceedings of the aforesaid complaint case.