JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding including the order taking cognizance dated 29.11.2019 passed by the learned Judicial Magistrate-1st Class, Ranchi in connection with Complaint Case No.376 of 2014.

3. The brief fact of the case is that the complainant was working in capacity of a rank equivalent to the Manager of the petitioner-company. His resignation was not accepted by the company by its superior officer and his two months’ salary was withheld and his relieving letter has not been issued. Admittedly, the company is not named as that of the proposed accused in the complaint; still the learned Judicial Magistrate-1st Class, Ranchi vide order dated 29.11.2019, found a prima facie case for the offence punishable under Sections 406 of the Indian Penal Code and directed to issue summons against the petitioner-company.

4. Learned counsel for the petitioner submits that the petitioner-company is neither named in the complaint nor any allegation has been made against the petitioner-company; rather