JUDGMENT:

Dr. ARIJIT PASAYAT, J. -- Leave granted.

2. Challenge in this appeal is to the order passed by the learned Single Judge of the Karnataka High Court dismissing the application filed before it in terms of Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.'). Prayer in the application before the High Court was for quashing the proceedings in C.C.No.273/2006 including the complaint on the file of learned Judicial Magistrate First Class, Gulbarga.

3. Background facts in a nutshell are as under:

Respondent was appointed as a Peon in K.L.E. Society's Women Arts and Commerce College in the year 1992 of which the appellant no.3 was the Principal at the relevant point of time. Appellant no.2 was the Secretary at the relevant point of time and the Society was represented by its Chairman, Board of Management. He resigned from service on 17.12.2003. The complaint was filed on 13.1.2006 alleging commission of offence punishable under Section 403, 405 and 415 read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC'). The learned Judicial Magistrate took cognizance and issued process. The same was questioned by