1. Heard counsel for the petitioners. However, no one appears on behalf of the State.

2. This is an application for quashing order dated 31-8-1994 passed by the learned Judicial magistrate Ist Class, Patna in G.R. No. 4085/82 whereby and whereunder the prayer made on behalf of the petitioners for their discharge under S. 239 of the Code of Criminal Procedure has been rejected. It appears that upon a complaint filed by the Provident Fund Inspector, Patna, a case was registered and after submission of charge sheet cognizance of the offence was taken against the petitioners under Ss. 406 and 409 of the IPC. The petitioners thereafter filed an application for their discharge in terms of S. 239 of the Cr. P.C. which has been rejected by the order impugned. Learned counsel for the petitioners submitted that petitioners 1, 2 and 3 were the Directors of Bihar Cotton Mill registered under the Companies Act whereas petitioner No. 4 was the Commercial Manager. Learned counsel further submitted that the petitioners have been prosecuted for non deposit of P.F. amount of the employees of the company. From the complaint petition it appears that a sum of rupees two lacs thirtytwo thousand