JUDGMENT :

RAVINDRA MAITHANI, J.

1. The challenge in this petition is made to the following:

(i) Order dated 12.01.2021, passed in Misc. Application No. 20 of 2020, Rajneesh Kumar Singh vs. Dharm Das Sharma, by the court of 5th Additional Civil Judge (Sr. Div.) Rudrapur, District Udham Singh Nagar (for short “the case”). By which, an application filed by the petitioner under Section 156(3) of the Code of Criminal Procedure, 1973 (for short “the Code”) has been rejected.

(ii) Judgment and order dated 15.06.2022, passed in Criminal Revision No. 15 of 2021, Rajneesh Kumar Singh vs. State of Uttarakhand and another (for short “the revision”) by which, the judgment and order passed in the case has been upheld.

2. Heard learned counsel for the parties and perused the record.

3. The petitioner filed an application under Section 156(3) of the Code against the private respondent with the averments that the petitioner is HR Head in Advik Hightech Pvt. Ltd. Pantnagar, District Udham Singh Nagar (for short “the company”). The petitioner was working in the company as Assistant Manager. During his tenure, the private respondent embezzled Rs. 4,92,962.63/-. On 05.10.2020, when the money was demanded by