1. Heard the parties.

2. Petitioners have filed this application for quashing the order, dated 16.4.2005, passed by the Additional Sessions Judge, V, Patna, in Criminal Revision No. 499 of 2003, whereby the order, dated 18.6.2003, passed by the Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 89(C) of 1995 has been affirmed. By order, dated 18.6.2003, the Judicial Magistrate has rejected petitioners application for discharge filed under Sec. 245 of the Criminal Procedure Code.

3. Petitioner no. 1 is M/s Delta Composite Film (Private) Limited, which is a private limited company registered under the Companies Act, petitioner no. 2, Ajay Kumar, is the Managing Director of petitioner no. 1 and petitioner no. 3 is the Member of Board of Directors of the said Company (petitioner no. 1).

4. Complaint Case 89(C) of 1995 was filed by the Bihar State Financial Corporation Ltd., Patliputra, East Branch, Nasheman Bhawan, Dakbunglow Road, Patna, through Rajendra Prasad Singh, Branch Manager, alleging that the complainant used to provide term loan the complainant used to provide term loan to applicant entrepreneurs for establishing medium scale and small scale industries. The accused persons approached the complainant to get financial assistance by way of term loan amounting to Rs. 37.14 lacs. Rs. 36,6,934/- was sanctioned and granted by the complainant in favour of the accused persons, but, they failed to repay the loan. The loan amount increased to Rs. 54,06,683/- till the date 25.11.1994, including the interest. In spite of several notices, the loan was not paid. The complainant, Bihar State Financial Corporation Limited in exercise of jurisdiction under Sec. 29 of the Bihar State Financial Corporation Act directed the accused persons to refund the entire loan amount. The accused persons issued nine cheques to the value of Rs. 13/- lacs. Out of those nine cheques, three cheques of different dates of different amount were presented before the Bank, but, they were dishonoured on the ground that account of the company was closed and it has been transferred to the Punjab National Bank. it has been alleged that accused persons who are the company, its Director and Member of its Board have intentionally issued cheques knowing well that there is no sufficient fund for honouring these cheques, as such, they have committed offence under Sec. 418 of the Indian Penal Code and Sec. 138 of the Negotiable Instrument Act. It has also been alleged that under the provisions of Negotiable Instrument Act a legal notice was served on the accused persons on 26.1.1995 for compliance, but, it was not done. On such Negation cognizance was taken by the Judicial Magistrate, after holding enquiry under Section 202 of the Criminal Procedure Code.

5. The cheques which are alleged to have been dishonoured, their details is given in the complaint petition as (a) Cheque No. 333758 of the State Bank of India, Fatuha amounting to Rs. 1,50,000/- dated 28.11.1994, (b) cheque no. 333759 of the State Bank of India, Fatuha, amounting to Rs. 75,000/-, dated 15.12.1994 and (c) cheque no. 333760 of the State Bank of India, Fatuha, amounting of Rs. 1,00,000/- dated 31.12.1994, total amount in all three cheques was Rs. 3,25,000/-. Petitioners filed their application for discharge on the ground that there is no sufficient material or legal evidence to frame charge against the accused. It was dismissed by order, dated 18.6.2003. Criminal Revision No. 499 of 2003 was preferred by petitioner no. 1, M/s Delta Composite Film (Private) Limited, and other petitioners also filed revision but that was dismissed on the ground of delay. So far Criminal Revision No. 499 of 2003 is concerned, it was dismissed by the impugned order, dated 18.6.2003.

6. The ground which has been taken by the petitioners for the discharge is that during the pre-charge evidence adduced by the complainant, the prosecution witnesses have admitied that petitioners 2 and 3, Ajay Kumar and Triyogi Na