JUDGMENT

R. Dayal, J. - This application has been filed under sections 561-A and 439 of the Code of Criminal Procedure, 1898, which Code is still in force in the State of Sikkim, for quashing the order dated 7-3-1991 summoning the applicants to face a criminal case under sections 500, 501, 502, 109 and 34 I.P.C. passed by the learned Judicial Magistrate (East & North) Sikkim in Criminal Misc. Case No. 10 of 1991.

2. Messers Bennett Coleman and Company Ltd., is carrying on the business of printing and publishing various newspapers, magazines, periodicals and weeklies from various parts of the country and one of the dailies published by this Company is Nav Bharat Times. Petitioner No.1 Shri A.K. Jain is the Chairman and petitioner No.2, Shri Samir Jain is the Managing Director of the Company. The Criminal Proceedings arise from a news item published by the Nav Bharat Times on 11-12-1990 with the heading IlDalmia Samooh Ki Kar Chori Pakari Gayi". Thereafter a notice dated 22-1-1991 was sent by Shri R.B. Subba, advocate on behalf of five companies including Messers Mansarovcr Commercial Pvt Ltd., respondent No.2, the complainant, to seven persons including the applicants, alleging, int