S.N.Jha, J.

1. The petitioners seek quashing of the order of the Chief Judicial Magistrate, Darbhanga dated 29.2.1998 taking cognizance of the offence under Section 406, IPC against them in Laheriasarai P. S. Case No. 25/90.

2. The prosecution case instituted on the complaint of the Branch Manager of the Bihar State Financial Corporation, Mithila Branch (in short, the Corporation) is as follows : The Corporation, a statutory body created under the State Financial Corporations Act, 1951, advanced loan of Rs. 8.83 lacs out of sanctioned loan of 10.01 lacs to M/s Hotel Anupam, Bakarganj, Laherisarai through its partners Mahesh Manjhi and Vijay Kumar Manjhi (petitioners herein) after completing the necessary legal formalities. The assets in question where hypothecated in favour of the Corporation. As the loan was not liquidated, the Unit including the entire mortgaged assets were put on sale under Sections 29 and 30 of the State Financial Corporation Act and ultimately sold to one Shri Shankar Prasad Gupta. At the stage of making over possession of the unit to the said purchaser, in course of preparation of the inventory in presence of an Executive Magistrate, it transpired tha