JUDGMENT

Deepak Verma, J. —

1.Leave granted.

2.Under the web of hypertechnicalities justice has taken a back seat as is projected in the order dated 22.11.2006, passed by Additional Chief Metropolitan Magistrate, Girgaum, Mumbai in Crl. Case No. 38/S/2005 filed by appellant herein against accused respondent No.1 and 2, whereby and whereunder the appellant’s criminal complaint filed under Section 406 read with Section 34 of the Indian Penal Code [hereinafter referred to as “IPC”] and under Section 630 of the Companies Act, 1956 (hereinafter referred to as “the Act”) was dismissed. Against the said order of dismissal, the appellant herein filed an application before the learned Single Judge of the High Court in Criminal Application No. 450 of 2007 seeking leave to file the appeal which was also dismissed on 14.7.2008, giving rise to filing of this appeal by the original complainant. Unfortunately, the accused have also with vehemence supported hypertechnicalities adopted by the aforesaid two courts, to contend that no interference is called for in the light of the facts as found in the aforesaid two orders.

3.Facts shorn of unnecessary details are mentioned herein below:

4.Appellant is a