1. These Criminal Miscellaneous applications arise out of the same P.S. Case and as such, they are being heard together and disposed off by a common judgment.

2. These applications under Section 482 of the Code of Criminal Procedure have been filed for quashing the order dated 17.6.2008 passed by the Judicial Magistrate, Bhagalpur, in Kotwali (Barari) P.S. Case No. 735 of 2007 by which the learned Magistrate took cognizance against the petitioners for the offences under Sections 406, 420, 506 and 120(B) of the Indian Penal Code.

3. Heard learned counsel for the petitioners.

4. Though opposite party No. 2 has already appeared through Vakalatnama and his name is appearing in daily cause list, but he has chosen not to appear before this Court at the time of hearing.

5. Learned counsel for the petitioners has submitted that for the same cause of action, the complainant has preferred civil remedy by filing Title Suit No. 160 of 2008 for specific performance of contract in which the Court by its final judgment passed on 30.6.2016 has clearly held that complainant (plaintiff) in the suit is not entitled for specific performance of contract in question. The court, has however, ordere