JUDGMENT :

DINESH MAHESHWARI, J.

Delay condoned. Leave granted.

2. The challenge in this appeal is to the order dated 10.09.2018, as passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 649 of 2016.

2.1. The said petition under Section 482 of the Code of Criminal Procedure, 1973¹[‘CrPC’, for short.] was filed by respondent No. 3 of the present appeal, against the order dated 21.06.2014, as passed by the ACJM, Barh, District Patna²[Hereinafter referred to as ‘the Magistrate’.] in Barh Police Station Case No. 115 of 2012 whereby, the learned Magistrate had taken cognizance of the offences under Sections 409, 467, 468 and 420 of the Indian Penal Code, 1860³[‘IPC’, for short.] on the allegations against the respondent No. 3 of misappropriation of stocks worth Rs. 16,99,648/-from the godown of the Bihar State Food and Civil Supplies Corporation⁴[Hereinafter referred to as ‘the Corporation’.] during the years 2010-11 and 2011-12.

3. The main plank of the submissions before the High Court in the aforesaid petition by the respondent No. 3 had been that he was only a Class IV employee of the Corporation and that the ‘entire game was played’ by the present appellant, who