JUDGMENT

D.K. JAIN, J. — Leave granted. This appeal, by special leave, arises out of the judgment and order dated 9th October 2007, delivered by the High Court of Bombay in Criminal Application No. 2854 of 2004 in a petition filed by the appellant and one Mr. Krishna Rao, proforma respondent No.5 herein, under Section 482 of the Code of Criminal Procedure, 1973 (in short “the Code”). The High Court has, by the impugned judgment, declined to quash a criminal complaint filed by respondents No.2 to 4 in this appeal against the appellant and others for offences under Sections 405 and 409 read with Section 34 of the Indian INDIAN PENAL CODE, 1860 (for short “the IPC”).

2.Briefly stated, the facts, necessary for disposal of the present appeal, may be stated thus: The appellant was the Chairman of the Maharashtra State Electricity Board (for short “MSEB”). Respondent No.2 - M/s Datar Switchgear Ltd. is a company which had entered into various contracts with MSEB for installation of Low Tension Load Management System. Respondents No.3 and 4 are the senior officials of respondent No.2; respondent No.1 is the State of Maharashtra and the aforestated respondent No.5 is one of the coaccused.

3.On