Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the opposite party no. 2.

2. This application under Section 482 of the Code of Criminal Procedure (For short “the Code”) is directed against the order dated 12.12.2011 passed by the learned Judicial Magistrate-1st Class, Patna City, Patna in Complaint Case No. 779 of 2011 whereby finding a prima facie case to be made out under Sections 406, 420, 120B and 323 of the Indian Penal Code, the petitioners have been summoned under Section 204 of the Code to face trial.

3. The aforesaid complaint case was filed on 12.08.2011 by the opposite party no. 2 Sudhir Kumar stating therein that he was acquainted with the petitioners from before. They were in need of Rs. 1,10,000/- for purchase of a piece of plot. They requested the complainant to give them a friendly loan for the said amount in the year 2006. Because of the acquaintance from before, the complainant advanced the loan to the petitioners in three instalments on the understanding that the loan will be repaid within six months. On expiry of six months, the complainant met the petitioners with a request to refund back the said amount