Joymalya Bagchi, J.

Criminal proceeding being G.R. Case No.763 of 2010 pending before the learned Judicial Magistrate, 2nd court at Arambagh, Hooghly arising out of Khanakul Police Station Case No.217 of 2010 dated 13.09.2010 under sections 406/420/506 of the Indian Penal Code has been assailed.

2. The petitioner is the Managing Director of M/s. Marvel Gem & Jewellery Pvt. Ltd., having its office at 31, Oceanic Apartment, Dr. Tajaboli Road, Bhulabhai Desai Road, Mumbai – 400 026. The petitioner carries on business in dealing with gold jewellery throughout the country. It has been pleaded in the petition that the opposite party no.2 being the de facto complainant was an employee of the petitioner’s company since July 2009 and in usual course of business entrusted with raw gold for converting it to finished products/jewelleries at Mumbai and Kolkata and to sell them on behalf of the petitioner’s company in various places in India.

3. It is further claimed that on 21.06.2010, the petitioner called upon the opposite party no.2 at the residence of one Vijay Talwar, BB-53, Salt Lake, Sector-1, Kolkata – 64, but he failed to turn up, as a result a criminal case being Bidhannagar (No