Ravi Nath Verma, J. - Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure (in short “the Code”), the petitioner has prayed for quashing of the entire criminal proceeding including the order dated 07.03.2008 passed by Judicial Magistrate, 1st Class, Hazaribagh in Complaint Case no. 1219 of 2007, whereby and whereunder cognizance of offence has been taken against the petitioner under Section 406, 420 and 120-B of the Indian Penal Code.

2. Before I enter into the factual matrix of the prosecution case, the proposition of law that has emerged for consideration is whether the General Manager-cum-Production Manager an employee of a Company [though such post is not in existence in the said Company] would be liable for prosecution under the above provisions without the Company being arraigned as an accused?

3. At the instance of the complainant-opposite party no.2, a Complaint Case bearing no. 1219 of 2007 was instituted in the court of Chief Judicial Magistrate, Hazaribagh with the allegation that he had purchased one Tata Safari vehicle from Basudeo Auto Limited, Hazaribagh a dealer of Tata Motors Ltd. on 11.05.2007 on payment of Rs. 9,92