IMPORTANT POINT
The court emphasized the need to exercise inherent powers sparingly and with great caution, and that the court's extraordinary powers should be used to prevent abuse of the process of the court and to secure the ends of justice.

JUDGMENT :

Mayank Kumar Jain, J.

1. Heard Sri Sameer Sharma, learned Senior Counsel assisted by Sri Ankit Srivastava, learned counsel for the applicants, Sri Vijay Kumar Rai, learned A.G.A for the State of U.P. and Ms Bindu Kumari, learned counsel for opposite party no. 2.

2. Present Application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No. 5039 of 2022 (R.Sathesh Shankar Vs. Vinod Kumar Gupta and others) and set aside the order dated 27.04.2023 passed by learned Civil Judge, (Senior Division)- Fast Track Court/Additional Chief Judicial Magistrate, Gautam Budh Nagar whereby the leaned trial Court took cognizance of the offence under Sections 406 and 506 of I.P.C. and issued summons against the applicants to face trial of the aforementioned case, under Sections 406 and 506 of I.P.C, Police Station- Phase-3, District Gautam Budh Nagar, pending in the court of Civil Judge, (Senior Division)-Fast Track Court/Additional Chief Judicial Magsitrate, Gautam Budh Nagar.

3. Opposite party no. 2 instituted a criminal complaint against the applicants under Sections 406 and 506 IPC.

4. The substance of the complaint are summarised as under: –

5. The complainant is a resident of Tamil Nadu and he worked in Hyderabad branch of Gas Plant Division of Nuberg Engineering Ltd., from 2011 to 2022 as Sales Engineer (G.P.D).

6. Suddenly, on 06.04.2022, Vinod Kumar Gupta-Director of the company sent a Whats App message to the complainant. He asked the complainant to submit his papers (resignation) without giving any reason. In place of complainant Shashi Shekhar Sharma was appointed on 11.04.2022. When the complainant asked Shashi Shekhar Sharma about reason for asking him to resign, he abused, threatened him and suggested that he should talk to Vinod Kumar Gupta.

7. On making enquiry from Vinod Kumar Gupta-Director of the company, no answer was given to the complainant.

8. When the complainant made demand of his outstanding salary from Vinay Kaushik, no satisfactory answer was given. The complainant was forcibly removed from the company. When the complainant went to the Head Office of Neuberg Engineering Ltd. for settlement of his outstanding salary and P.P.F etc, Vinod Kumar Gupta and Siddharth Kumar did not allow the complainant to enter the premises.

9. The learned Civil Judge, (Senior Division)-Fast Track Court/Additional Chief Judicial Magistrate, Gautam Budh Nagar, after recording primary evidence of the complainant under Section 200 Cr.P.C., summoned the applicants to face trial under Section 406 and 506 IPC.

10. Sri Sameer Sharma, learned Senior Counsel, assisted by Sri Ankit Srivastava, learned counsel for the applicants, submitted that applicant no. 1-Vinod Kumar Gupta is the Managing Director, applicant no. 2-Vinay Kaushik is the H.R. (Head), applicant no. 3-Siddharth Kumar Gupta is the former Managing Director and applicant no. 4-Shashi Shekhar Sharma is the former Manager of the Nuberg Engineering Ltd. The company is an established and leading manufacturer and supplier of various gas plants including P.S.A based Nitrogen gas plants, Oxygen gas plants and other gas plants/systems and is also in the business of fabrication/manufacturing of various vessels, reactors, absorbers, columns, heat exchangers, tanks and other engineering equipments.

11. The “Company” appointed opposite party no. 2 as an Engineer Sales in the Gas Plant Division in Noida and deputed him to work in its Hyderabad branch in the year 2011. Further, after considering the satisfactory performance of opposite party no. 2, the “Company” promoted him as a Manager in GDP/Sales and Marketing Division in the year 2021.

12. It is submitted that a “Proprietary Information and Non-Compete Agreement” was signed on 10.03.2016. It was provided that any employee of the “Company” cannot disclose any information of the Company to any person, firm or corporation, without written authorization of the President or Board of Directors of the Company.

13. Le