JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Appellants call in question legality of the judgment rendered by a learned Single Judge of the Patna High Court holding that the issuance of summons to the appellants by learned Judicial Magistrate, 1st Class, Patna in complaint case No. 1613 (C) of 2002 filed by the respondent No. 1 is proper.

Factual background in nutshell is as follows:

3. Respondent No. 1 (hereinafter referred to as the complainant ) filed a complaint on 9.8.2002 alleging that the appellants had committed offences punishable under Sections 406 and 409 of the Indian Penal Code, 1860 (in short the IPC ). The date of occurrence was indicated to be between 12.7.1995 to 8.5.2002. The basic allegations in the complaint were that an advertisement was issued by the appellant No. 1 seeking applications for appointment to the post of Area Manager. The complainant, who was then working in another concern applied for the post, was called to the interview on 14.7.1995 and was asked to report at the Bombay office of the appellant No. 1-company on 1.8.1995 for training. After completion of the training period the complainant was asked to report to the Patna depot. He was given app