JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

1. Leave granted.

2. This appeal is directed against the judgment dated 16.10.2017 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 52088/2013 allowing the petition filed by respondent nos. 2 and 3 herein under Section 482 of the Code of Criminal Procedure. By the impugned judgment, the High Court has set aside the order dated 10.09.2013 passed by the Chief Judicial Magistrate, Siwan, Bihar in Siwan (M) P.S. Case No. 288/2012, taking cognizance of the offence under Section 420/406/379/448/307/427 and 506 read with Section 34 of the Indian Penal Code against the accused-respondent nos. 2 and 3 herein.

3. Brief facts leading to this appeal are that on 30.05.2006, Dr. Ira Sinha purchased fully automatic Biochemistry Analyser model “Echo Plus” along with standard accessories from M/s Logotech (India) Private Limited (hereinafter called ‘the Logotech’), of which respondent nos. 2 and 3 are Director and Technical Director respectively. The sale consideration of the said machine was Rs.7 lakhs. The machine was supposed to be fully automatic Biochemistry Analyser with free warranty maintenance for a period of three years. Ho