Anil Kumar Srivastava-II, J.—Heard Shri Nagendra Mohan, learned counsel for the petitioner, learned A.G.A for opposite party no.2 State of U.P. None is present for opposite party no.1 complainant.

2. Petition has been preferred to quash the proceedings of complaint case no.1427 of 2005, under Section 406, 420 IPC pending before the Court of Chief Judicial Magistrate, Unnao.

3. A complaint was filed by the opposite party no.1 against the petitioners alleging that the petitioner no.1 is registered company while petitioner no.2 and 3 are its officers. A bank draft no.058054 of Rs.100000, prepared from Punjab National Bank, Jawaharnagar branch Unnao dated 29.8.2004 was delivered to the accused by the complainant for purchase of Whirlpool refrigerator and washing machine. An assurance was given by accused no.2 and 3 to the complainant that if the complainant will purchase the item on cash then they would be entitled for 10% commission. When the accused did not deliver the articles then the complainant stopped the payment of cheque on 18.10.2004. Accused did not return the amount. They forwarded a cheque no.653421 to Punjab National Bank Jawahar Nagar branch Unnao and obtained an