Hemant Kr. Srivastava, J.

This petition under Section 482 of the Cr. P.C. has been filed by the petitioners for quashing the order dated 4.12.2008 passed by Mrs. Reshma Verma, Judicial Magistrate, 1st Class, Muzaffarpur in Complaint Case No. C-2688 of 2007 whereby and whereunder, she having found a prima facie case under Sections 406, 418 & 120B of the Indian Penal Code, ordered to issue summons against the petitioners for procuring their attendance to face trial in the above-said case.

2. The brief fact which lies to file this quashing petition is that Opposite Party No. 2 namely, Washimul Haque Nazmi filed Complaint Case No. C-2688 of 2007 in the Court of Chief Judicial Magistrate, Muzaffarpur against petitioners and others alleging therein that he and his brother, namely, Md. Nazimui Haque are owners and partners of M/s Mithila Scooters, Kachchisarai Road, Muzaffarpur, P.S.- Mithanpura, District- Muzaffarpur whereas petitioners and others are staffs and officials of M/s L.G. Balakrishnan and Brothers Ltd. The Opposite Party No. 2 has been a distributor of products of the M/s L.G. Balakrishnan and Brothers Ltd. for the last 20 years and earlier the depot of aforesaid company was situated at Patna but later on, the aforesaid company used to be brought his products in the godown of Opposite Party No. 2 situated at Muzaffarpur and from there, the products of company were being distributed. It is further alleged that petitioner NO.3 and accused, B.K. Singh used to take bank cheques without date and amount mentioned thereunder from Opposite Party No. 2 for the company and the cheques would be encashed only after getting the consent of the Opposite Party NO.2. It is further alleged that in the year, 2006, the goods were lifted from the godown of the Opposite Party NO.2 by accused Nos. 4, 5 & 6 but they, in collusion with petitioner Nos. 1 & 2 did not deposit the entire amount with the Opposite Party NO.2. The Opposite Party No. 2 doubted about the conduct of the accused persons and requested them to pay the entire amount but the accused persons including the petitioners assured to settle the account later on. Furthermore, it is alleged that on 25.6.2007, accused NO.4 namely, B.K.

Singh ordered the Opposite Party No. 2 to send the goods but Opposite Party NO.2 refused to send the goods by saying that the goods would be sent only when the accounts are cleared and after that accused No. 4 came with a ledger and told that only an amount of Rs.2,00,000/- (two lacs) was due in the market but the said amount was different from the ledger brought earlier by accused No. 6 from office at Patna and then, Opposite Party No. 2 came to know about the M/sappropriation of the due amount. The Opposite Party No. 2 telephoned to the accused persons not to encash the cheques entrusted to them until, the earlier accounts are cleared and, thereafter, petitioner No. 3 and accused No. 5 came with another ledger in which, the entry was only of last five months and the due amount Rs.2,00,000/- (two lacs) was cut and in place thereof, three lacs had been entered. The Opposite Party No. 2 reported the above said matter to petitioner Nos. 2 & 3 on telephone and after that, petitioner No. 3 & other accused came to Opposite Party No. 2 and accounts were checked on 20.7.2007 and 31.7.2007 and then, it was revealed that the total amount to Opposite Party No. 2 comes to Rs.10,31,425/- which was due against the company since the last 2007 and the aforesaid amount was M/sappropriated by the accused Nos. 4 & 5. It 'is further alleged that it was also detected that an amount of Rs.28,88,948/- was found due against the accused persons for the year, 2006. The accused No. 6 accepted that he had sold the goods worth Rs.11,30,576/- from the godown of Opposite Party NO.2 but only Rs.3,74,630/- had been deposited to the Opposite Party NO.2 and accordingly, the M/sappropriated amount came to the tune of Rs.7,55,949/-. To solve the aforesaid dispute, a meeting was