JUDGMENT

K. S. RADHAKRISHNAN, J.

1. Leave granted.

2. The High Court while exercising its powers conferred under Section482 of the Code of Criminal Procedure quashed proceedings of Criminal CaseNo.1004 of 2010 arising out of Crime No.24 of 2010, holding that no offence has been made out under Section 406 IPC.

3. The Appellant is a company engaged in the manufacture of copper wire having its factory at SIDCUL, Haridwar. The accused-Respondent No.2 is running his business in the name of his sole proprietorship concern by name M/s. Dynasty India and also in the name of his company named M/s. Dynasty India Private Limited. On 25.8.2008, a contract was entered into by the accused-Respondent No.2 whereby it was to process the copper rods to be supplied by the Appellant Company into copper wire.

4. The Appellant submitted that during the period between 4.7.2008 to November, 2008, the Appellant entrusted in total copper rods weighing39,689 kgs. for processing and out of that the accused returned only 33,440.10 kgs. of copper wire to the Appellant Company. Copper weighing 26.87 kgs. was used in processing, and as such, the copper rods weighing6,222.04 kgs. remained with the accused-Respondent No