JUDGMENT

H.N. Sarma, J. —The petitioners who are arrayed as accused in C.R. Case no. 861 of 2009 pending in the Court of the learned Judicial Magistrate, 1st Class, Silchar has filed this Criminal petition praying for quashing of the entire proceeding in exercise of power under Section 482 of Criminal Procedure Code

2. I have heard Mr. G.N. Sahewalla, learned senior counsel assisted by Mr. P. Bora, learned counsel appearing for the petitioners and Mr. B. Kar Purkayastha, learned counsel appearing for the complaint opposite parties.

3. The complainant (opposite party No.1) filed the aforesaid complaint case No. 861/2009 alleging inter alia that the complaint purchased the Haticherra Tea Estate of the Hindustan Tea Company by a registered sale deed in the year 2008 and took over the possession thereof. In paragraphs 3, 4, 5 and 6 of the complaint petition, it is alleged as follows :

“3. That during 1998 when said Hatticherra and Subong Tea Estate of Hindustan Tea Estate were being run by the partners, an employees gratuity hand was created by allocating fund duly vesting the same with the trustees i.e. accused Nos. 1 & 2 for the purpose of operating Group Gratuity Insurance Scheme w