- (1.) Leave granted.
(2.) 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 complaint on the file of learned Judicial Magistrate First Class, Gulbarga.
(3.) Background facts in a nutshell are as under: Respondent was appointed as a Peon in K.L.E. Society's Women Arts and Commerce College in the year 1992 of which the appellant no.3 was the Principal at the relevant point of time. Appellant no.2 was the Secretary at the relevant point of time and the Society was represented by its Chairman, Board of Management. He resigned from service on 17.12.2003. The complaint was filed on 13.1.2006 alleging commission of offence punishable under Section 403, 405 and 415 read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC'). The learned Judicial Magistrate took cognizance and issued process. The same was questioned by the appellants. The stand before the High Court was that the complaint was misconceived, no offence was made out even on indepth scrutiny of the complaint. In fact, the respondent had filed petition in terms of Section 33 (C) (2) of the Industrial Disputes Act, 1947 (in short 'ID' Act) and also filed writ petition claiming parity in salary which was disposed of by giving the direction to consider the respondents' case. 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. The said petition is pending. In the writ petition before the High Court there was no mention about any deduction. It is stated in the complaint that the complainant was given to understand that certain amounts were being deducted for repayment at the time of retirement or cessation of his job. In the notice issued on 23.11.2004, there is no mention about this aspect. It was, therefore, submitted that the complaint was nothing but an abuse of process of law. ;