2. Notices were issued to opposite party no. 2 and as per service report, opposite party no. 2 has died and notices were received by his son Raj Kumar Gupta, but he has chosen not to appear.

3. Petitioners under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.) seek quashing of the order dated 09.05.2011, passed by Sri A. K. Mall, learned Judicial Magistrate, 1st Class, Gopalganj in Complaint Case No. C-1590/2009 whereby cognizance for the offence punishable under Sections 402, 417 of the Indian Penal Code has been taken while issuing summons and processes to the petitioners.

4. The facts of the case is that the complainant/opposite party no. 2 filed a complaint case before the learned Chief Judicial Magistrate, Gopalganj being Complaint Case No. C-1509/2009 wherein he alleged that opposite party no. 2 was the proprietor of Laxmi Agency situated at Hanuman Bhawan, Mirganj and was having business relationship with one Lumbini Beverage Private Ltd. During business it is alleged that an amount of Rs. 8,01,000/- in the account has not been reconciled of security