ORDER :

Rumi Kumari Phukan, J.

1. Both above petitions are taken up together for hearing and disposal as the cases are between same parties and on the same subject-matter.

2. Heard Ms. M Hazarika, learned Senior Counsel, assisted by Mr. M.K. Borah, learned counsel appearing for the petitioner in Criminal Petition No. 984 of 2016. Also heard Mr. S.N. Tamuly, learned counsel for the petitioner in Criminal Petition No. 4 of 2017 as well as Mr. R Gaur, learned counsel for the respondent in both the petitions.

3. Both the petitions have been preferred under Section 397, read with Section 482, Cr.P.C. and read with Article 227 of the Constitution of India, praying for setting aside and quashing of Complaint Case No. 2974c of 2014, arising out of the complaint filed by the respondent No. 2, now pending before the Court of learned SDJM (S) No. 2, Kamrup (M), Guwahati, whereby the learned Court has taken cognizance of the offence under Sections 409/418/420/465/468, read with Section 120-B of IPC.

4. The petitioner, M/s. Ashok Leyland Ltd. is a public limited company, incorporated under the Companies Act, 1956, represented by its Company Secretary and carrying on business of manufacturing of comm