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SUBHASH CHANDRA VYAS
GOYAL M. G. GASES PVT. LTD. – Appellant
Versus
KAMALJEET SINGH BHATIA – Respondent


Advocates Appeared:
S.K. Vyas, with L.S. Chandiramani in Cri. Rev. No. 627 of 2006 and Vivek Dalal in M. Cr.C. No. 2127 of 2006, for the Appellant; Vivek Dalal in Cri. Rev. No. 627 of 2006 and S.K. Vyas with L.S. Chandiramani in M. Cr.C. No. 2127 of 2006, for the Respondent

JUDGMENT

S.C. Vyas, J.

The above referred Criminal Revision and petition u/s 482 of Criminal Procedure Code have arisen out of the same order passed by learned Judicial Magistrate First Class. As common question of fact and law is involved in these cases, therefore, they have been heard and are being decided together by this common order.

The Criminal Revision has been filed by the complainant u/s 397 read with section 401 of the Criminal Procedure Code feeling aggrieved by the order passed by Judicial Magistrate First Class, Mhow in Criminal Case No. 431/06 on 22-3-2006, wherein learned Trial Magistrate has refused to take cognizance of the offence punishable u/s 407 of the Indian Penal Code against respondents and only cognizance of the offence punishable under sections 424 and 425 of the Indian Penal Code has been taken. M.Cr.C. 2127/06 is a petition filed by the accused persons u/s 482 of Criminal Procedure Code for quashment of the same order of issuance of process against them passed in that criminal case, pending before Judicial Magistrate First Class, Mhow.

Short facts of the case as narrated in criminal revision are that the applicant (complainant) company is engaged in a busi























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