S. B. SINHA, J.

( 1 ) 1. Leave granted.

( 2 ) THIS appeal is directed against a judgment and order dated 4. 12. 2006 passed by the High Court of Gujarat at Ahmedabad dismissing an application filed by the appellants herein under Section 482 of the Code of criminal Procedure.

( 3 ) APPELLANT No. 1 is a partner of a partnership firm known as M/s. Premionics (hereinafter referred to as `the firm' for the sake of brevity ). Appellant No. 2 is an employee of the said firm. Respondent No. 2, the complainant is also a partnership firm. On or about 18. 10. 1997, it placed an order on the firm to manufacture and install a machine to purify and desalt the dyes of a particular quality and quantity with the firm. The total manufacturing cost of the said machine worked out to be at Rs. 17,96,488/- including excise duty and other incidental charges. Second respondent paid a sum of Rs. 3,00,000/- to the firm as advance and part payment of the said consideration. There has been a change in the specifications of the said machine purported to be on the request of the second respondent in terms whereof two extra modules thereto were provided. A revised offer was made. The said machine, although was t