M. Nirmal Kumar, J.

The petitioner has filed the above quash petition to quash the summons issued on the petitioner vide order dated 07.10.2010 passed in Crl.M.P.No.6719 of 2009 in C.C.No.9722 of 2003 pending on the file of the XXIII Metropolitan Magistrate Court, Saidapet, Chennai arraying the petitioner as an accused invoking the provision under Section 319 of the Code of Criminal Procedure.

2. The respondent has filed a private complaint under Section 200 of the Code of Criminal Procedure for the offences under Section 406 and 420 of the Indian Penal Code against A1 to A5 namely A1-M/s. Prasad Production Private Limited, A2-A.Ramesh, A3-Saiprasad, A4-M.P.Rao and A5-N.Srikrishna, of whom A4-M.P.Rao was reported dead on 16.06.2010, hence the proceedings against him has been dropped.

3. The case of the respondent/complainant is that the first accused viz., M/s.Prasad Production Private Limited was a company incorporated on 06.09.1956 by the grandfather of the complainant. Subsequently after his death, his share holding in the company got transferred to the other accused namely A2 to A4, who are the Directors of the Company, who are in charge of its day-to-day affairs and the