SANJAY PRIYA, J.

1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 23.09.2013 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No. 1828-C of 2012 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners for the offence under Sections 403, 418, 420/34 Indian Penal Code.

2. It has been submitted on behalf of the petitioners that from the Complaint Petition it appears that there is no mens rea on the part of the petitioners. He has further submitted that after issuing legal notice dated 16.05.2012 (Annexure-2) on behalf of these petitioners to the complainant due to dishounour of cheque issued by him with endorsement that account closed, the complainant had sent notice dated 05.06.2012 to the petitioners stating that Rs. 38,340/- is due to them and also requested to return the two cheques deposited by him as security with the petitioners. Immediately just after 24 days of sending the notice, complaint case was filed by the complainant against the petitioners alleging that they apprehend that two cheques deposited with the petitioners as Securi