Oral Judgment:

The present application is filed by the applicants with prayer to quash and set aside the Criminal Case No. 176/2000 under section 406, 420 of the Indian Penal Code, pending before the learned Judicial Magistrate, First Class, Sindhkheda, District ( 2 ) Dhule.

2. It is the case of the applicants that they carry on the business of Commission Agency at Mandor Mandi Jodhpur. Their business if of sale and purchase of various commodities including chilli.

3. The respondent is also businessman. He carries on business at Dondaicha, Tq. Sindhkheda, Dist, Dhule. It is the case of the applicants that the respondent used to sent his chilli to the firm of the applicants/petitioners for sale on commission agency basis. The applicants used to receive instructions from the respondent regarding storage and sale of the chilly, sent by the respondent and the applicants used to act as per the instructions of the respondent in respect of storing and selling of the chilly.

4. It is the case of the applicants that the respondents send total 1103 bags of chilly to the applicants for sale and with an instruction that if the requisite price is received then the same may be sold in t