1. The petitioners have filed the present application under section 482 of the Code of Criminal Procedure for quashing of the order dated 25.5.2006 passed by the learned Sub. Divisional Judicial Magistrate, Patna in Complaint Case No.948(C) of 2006 whereby finding a prima facie case to be made out under sections 406 and 420 of the Indian Penal Code they have been summoned to face trial.

2. The opposite party no.2 has filed the present complaint on 12.4.2006 in the court of the learned Chief Judicial Magistrate, Patna alleging inter alia that the petitioners claiming themselves to be the owners of M/s Welfo Pharmaceuticals Pvt. Ltd., (hereinafter referred to as “the company”) B.P.Road, Amtala South, District- 24 Pargana, Calcutta , approached and called him through co-accused Kamaldeo Sinha in Hotel Apsara at Patna in the year 2004 for appointing him as an agent of the company for the State of Bihar. The accused persons at that time were staying in Hotel Apsara. When the complainant went to meet them, they told him that in order to start a business with the company he will have to deposit a sum of Rs.2,00,000/- (two lakhs) as security money which would be refundable on term