A. L. Vaidya, J.—Shri Mahesh Arora, Manager (Project)-cum-Secretary, M/s. Auro Spinning Mills, Baddi-Nalagarh, a unit of Vardhman Spinning and General Mills Ltd., Ludhiana, the present respondent No. 2, submitted a complaint under section 420, I. P. C. against the present petitioner before the Sub-Divisional Judicial Magistrate, Nalagarh, on 28th January, 1993. The learned Magistrate on that very day ordered the complaint to be forwarded to the S. H. O. Police Station, Barotiwala, under section 156 (3) of the Code of Criminal Procedure for further action as per law. F. I. R. No. 23/93 dated 24th February, 1993 under section 420, I. P. C. at Police Station, Barotiwala, as such, was registered against the present petitioner on the basis of the accusations made in the complaint.

2. In order to appreciate the controversy between the parties the relevant accusations made against the present petitioner in the complaint which have been made the base of the F. I. R., referred to above, are essential to be taken note of at the very out-set.

3. Shri Mahesh Arora, the complainant, submitted the complaint who was authorised by the Company to file the said complaint as per averments made