ORDER

R.R. Prasad, J.—Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. This application has been filed for quashing of the entire criminal proceeding of Complaint C/1 Case No. 308 of 2009, including the order dated 21.12.2009. whereby and whereunder the Court having found prima facie, case being made out under Sections 403, 406 and 420 read with Section 34 of the Indian Penal Code issued summons against the petitioners.

3. The case of the complainant/opposite party No. 2 as it appears from the complaint case is that the complainant contacted the accused Nos. 2 and 3 telephonically for giving him distributorship of films namely. “Heroes”. “Droma” and “Chal Chala Chal”. Upon which it was told by the accused persons that the distributorship of the aforesaid films would be given on payment of Rs. 60,000,00. Accordingly the complainant paid a sum of Rs. 9,47,000 to the accused, persons receipt of which was acknowledged by the accused persons. Subsequently, the complainant came to know that aforesaid distributorship has been given to some other person as the complainant was unable to pay the balance amount at the relevant point of time. Thereupon