After perusing the companyplaint, the documents and the sworn statement of the respondent, process is issued against the petitioners for the aforesaid offences.
Background facts in a nutshell are as under Respondent was appointed as a Peon in K.L.E. Societys Women Arts and Commerce College in the year 1992 of which the appellant number3 was the Principal at the relevant point of time.
He resigned from service on 17.12.2003.
In the petition in terms of Section 33 C 2 of the ID Act the respondent had stated that lesser amounts were paid and signatures for higher amounts were taken.
427 OF 2008 Arising out of SLP Crl.
This petition is filed for quashing the proceedings.
The learned Judicial Magistrate took companynizance and issued process.
The same was questioned by the appellants.
No.63 of 2007 Dr. ARIJIT PASAYAT, J. Leave granted.
The companyplaint was filed on 13.1.2006 alleging companymission of offence punishable under Section 403, 405 and 415 read with Section 34 of the Indian Penal Code, 1860 in short IPC .
CRIMINAL APPEAL NO.
Challenge in this appeal is to the order passed by the learned Single Judge of the Karnataka High Court dismissing the application filed before it in terms of Section 482 of the Code of Criminal Procedure, 1973 in short Cr.
P.C. Prayer in the application before the High Court was for quashing the proceedings in C.C.No.273/2006 including the companyplaint on the file of learned Judicial Magistrate First Class, Gulbarga.
Appellant number2 was the Secretary at the relevant point of time and the Society was represented by its Chairman, Board of Management.
