JUDGMENT :- Rule. Rule is made returnable forthwith. Heard finally by consent of the parties. Shri. M. M. Agnihotri, learned Counsel waives notices on behalf of the respondent No.1 and Shri. K. S. Dhote, Additional Public Prosecutor waives notice on behalf of the respondent No.2.

2. The applicants assail the order passed by the learned Judicial Magistrate, First Class, Pulgaon dated 21th June. 2005 thereby issuing the process against the accused for the offence punishable under Sections 406,409,420 read with Section 34 of the Indian Penal Code. The facts, in brief leading to the present application are as under.

3. The applicant No.1, Company, which is the accused No.1 in the complaint, is a Sugar Manufacturing company. The accused No.2 is the Managing Director and Chairman of the accused No.1. The accused Nos.3 and 4 are the Merchants/ Brokers working for the accused No.1. The accused No.5 is the partner of the accused No.4.

4. It is an allegation of the complainant, respondent No.1 that on 10th May, 2004, the accused No.3 by telephonic message induced the complainant who was at Pulgaon for purchasing 300 bags of sugar. It is the allegation of the complainant that the accused No.3

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