Heard Mr. Manish Kumar, learned Advocate for the petitioners, Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State and Mr. Pushkar Narayan Shahi, learned Senior Advocate for complainant/opposite party no. 2.

2. The petitioners have invoked the inherent power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) for quashing of the order dated 10.05.2013 passed in Complaint Case No. 1005 of 2012 by the learned Judicial Magistrate, Patna City, Patna whereby finding a prima facie case to be made out under Sections 406 and 420 of the Indian Penal Code (for short “IPC”) against the petitioners, they have been summoned to face trial.

3. The complainant (opposite party no. 2) filed Complaint Case No. 1005 of 2012 in the court of Additional Chief Judicial Magistrate, Patna City alleging inter alia that he is the proprietor of M/S Prashant Packaging Industries, which has its head office at Patna. The petitioner no. 2 being familiar from before approached him at his Head Office and after full satisfaction, he had agreed to purchase the packaging materials from him. He requested the complainant to supply goods on credit an