RANCHI, India, Aug. 14 -- Jharkhand High Court issued the following order on July 14:

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to set aside the entire criminal proceedings as well as the order taking cognizance dated 25.11.2024 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad P.S. Case No.310 of 2023 corresponding to G.R. Case No.2149 of 2024 whereby and where under the learned Chief Judicial Magistrate, Dhanbad has taken cognizance of the offences punishable under Sections 406 and 418 of the Indian Penal Code.

3. The brief fact of the case is that the petitioner was appointed as a Team Leader of Pathrough Software and Solutions Private Limited with the condition that in case the petitioner wants to work with different company, the petitioner will have to give two months' prior notice to his current employer but the petitioner left his employment with the informant even before the expiry of the notice period of two months, after giving notice.

4. Learned counsel for the petitioner submits that the allegation against the petitioner is false. It is next submitted that even if the entire allegations made against the petitioner are considered to be true in their entirety, neither the offence punishable under Section 406 nor the offence punishable under Section 418 of the Indian Penal Code is made out against the petitioner. Hence, the continuation of this criminal proceeding as well as the charge-sheet which has been submitted against the petitioner after investigation of the case and the order taking cognizance dated 25.11.2024 which has been passed after submission of the charge-sheet, be quashed and set aside.

5. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that both the offences punishable under Sections 406 and 418 of the Indian Penal Code are made out against the petitioner; if the entire allegations made against the petitioner are considered to be true in their entirety. Therefore, it is submitted that this Cr.M.P., being without any merit, be dismissed.

6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, the essential ingredients to constitute the offence punishable under Section 406 of the Indian Penal Code is that

(i) There must be entrustment; and

(ii) There must be misappropriation or conversion to one's own use or use in violation of a legal direction or obtaining legal possession.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x%2B3MU8EzecEyaNpp559Oq92QvzBEm3y%2BGr1iITRxdmp3&caseno=Cr.M.P./1611/2025&cCode=1&cino=JHHC010075672025&state_code=7&appFlag=)

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