S. K. Jam, J.

1. R. N. KHANNA petitioner, herein, is the Director of M/s. Sri Krishna Woolen Mills (P) Ltd. , Bombay, Amrik Singh, respondent was employed with the said company with effect from 1.10.1958 to 30.11.1988. He tendered his resignation which was accepted and he was relieved on 31.10.1988. Since the company failed to pay the amount of his gratuity, Amrik Singh Nayyar instituted complaint Annexure P-2 under sec. 406/420 of the Indian Penal Code, on 1.24.12.1991 in the Court of Chief Judicator Magistrate, Ludhiana. Vide his order dated 31.10.1992 the said Magistrate summoned the petitioner. Through this petition under sec. 482 of the Code of Criminal Procedure Shri R. N. Khanna Petitioner has sought quashing of the complaint Annexure P-2 and summoning order Annexure P-i.

2. On being served, respondent has filed the reply.

3. I have heard learned counsel for the parties.

4. The learned counsel for the petitioner has argued that a bare reading of the complaint will show that no offence whatsoever has been made out even prima facie.

5. In reply, it has been argued on behalf of the respondent that pension and gratuity are no longer any bounty to be distributed by the em