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FAIZAN UDDIN
P. Rajagopalan – Appellant
Versus
Birla Jute & Industries Ltd. – Respondent


JUDGMENT

Faizanuddin, J. - This Criminal Revision under sections 397 and 401 read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), has been filed by the accused/applicant for setting aside the order dated 14th May, 1986, passed by the Judicial Magistrate, First Class, Satne (Shri R. S. Rathore), in Criminal Case No. 424 of 1986, taking cognizence of an offence under section 406 of the Indian Panel Code against the applicant and issuing process against him, in exercise of his discreation under section 204 of the Code. A prayer has been made for quashing the criminal proceedings launched by the non-applicant against the applicant.

2. The relevant facts which gave rise to the filing of this Revision may be briefly stated thus: The non-applicant (hereinafter referred to as the Complainant/ Company'), is a company having its registered office at Calcutta and one of its units at Setna which is engaged in manufacture of Cement. The complainant gave an appointment to the applicant as a Siemens Computer Maintenance Engineer, in its company at Satne by appointment letter dated 5th November, 1981, in pursuance of which the applicant joined the

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