- (1.) ORDER :- This petition under Section 482, Cr.P.C. has been filed by the petitioner for quashing the criminal proceeding in complaint No. 9 of 1997 Shervani Syndicate Limited v. Hafeez Ullah Khan pending in the Court of Special Chief Judicial Magistrate, Allahabad. It is admitted that the petitioner was an employee of Jeep Industrial Syndicate Limited and in the year 1976 he was transferred to Sherwani Sugar Syndicate Limited. It is further admitted that the said company served a notice of termination dated 3-8-93 on the petitioner.
(2.) It is admitted that the petitioner was posted at Delhi and was provided an accommodation at Flat No. E-273 Pockett E. Mayur Vihar, Phase-II, Delhi-91 by the Company.
(3.) After serving notice for termination of service of the petitioner the Sherwani Sugar Syndicate Limited filed a complaint in the Court of Special Chief Judicial Magistrate, Allahabad under Section 630 of the Companies Act, 1956 and Section 406, I.P.C. The learned Magistrate recorded the statement under Section 200, Cr.P.C. and finding that a prima facie, case was made out directed issuance of summon on 28-2-97. The summon was not received after service and, therefore, the Magistrate directed issuance of another summon by order dated 2-4-97. On 29-4-97 the summon was received after personal service. The Magistrate directed issuance of non-bailable warrant.;