SACHCHIDANAND JHA, J.

1. The Oriental Insurance Company Limited and its officials five in number posted in the regional offices at Patna, Bangalore and Gauhati, and the branch office at Patna have come to this Court for quashing the order of the Judicial Magistrate 1st Class, Patna dated 24-5-2000 in Complaint Case No. 610/2000 taking cognizance and issuing processes under Sections 406, 409 and 420 Indian Penal Code against them.

2. The case of the complainant-opposite party, M/s. Poddar Industries, is that it is a partnership firm. In 1992 the Branch Manager of the petitioner company approached its partner and requested him to insure the factory building with all equipments along with the boundary wall and the partners agreed for the same. The rate of premium was thereafter fixed after site inspection as per the cost value of the goods insured. Finally, the company issued fire policy "C" with coverage of special perils like flood etc. for one year. The policy was renewed every year. The last renewal was for the period 13-7-99 to 12-7-2000. On 1-8-99 in the night the boundary wall of the factory about 100 feet in length-fell down on account of heavy rains causing loss to th