JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. N.N. Upadhaya, learned counsel for the appellant and also heard Mr. S. Khound, learned counsel for respondent No. 2 and Mr. P. Borthakur, learned Addl. P.P. for State respondent No. 1.

2. This appeal under Section 378 of the Code of Criminal Procedure, is directed against the judgment and order dated 04.04.2015, passed in Crl. App.....11(2)/2014 by the learned Addl. Sessions Judge, Dibrugarh. It is to be noted here that vide impugned judgment and order, the learned Court below has acquitted the respondent by setting aside the judgment and order of conviction, dated 07.05.2014, passed by the learned Judicial Magistrate, First Class, Dibrugarh, in C.R. Case No. 34C/2009, convicting the respondent under Section 500 IPC and sentencing him to pay a fine of Rs. 2,000/- (Rupees Two Thousand) and on default, to undergo SI for three months.

3. The factual background leading to filing of this appeal is adumbrated herein-below:

“The appellant, Shri Sailendra Kumar Goswami, was serving as the Manager, Muttuck Tea Estate, P.O. & P.S. Lahowal. The respondent was appointed as an Asstt. Factory Manager at Muttock T.E. Since the date of joining of respondent many