Honble Ram Autar Singh, J.—I have heard learned counsel for the applicant, Sri Manish Tiwary, learned counsel for O.P. No. 2 and learned AGA for O.P. No. 1 on this application moved under Section 482, Cr.P.C. and gone through the affidavit of Sri Hari Shankar Pandey, counter affidavit of Sri Asharfi Lal Sharma and rejoinder affidavit of Sri Hari Shankar Pandey, Senior Manager (Administrative), Bank of Baroda, Regional Office, Varanasi filed in support of their respective contentions. This judgment was reserved which I proceed to deliver by means of the present judgment.

2. This application has been moved on behalf of appellant Arun Kumar Parikh, Deputy Regional Manager, Bank of Baroda, Mumbai, under Section 482, Cr.P.C. with prayer to quash proceedings of criminal complaint case No. 3948 of 2004 (M/s. Prashant Glass Works v. Bank of Baroda), under Section 420, IPC, pending in the Court of Judicial Magistrate, II, Varanasi.

3. The brief facts as mentioned in the complaint are that complainant M/s. Prashant Glass Works Private Limited, Motiwala Industrial Estate, Varanasi used to carry on its business in import and sale of chemicals and raw silk and maintain its account in Ba