RAKESH KUMAR, J.

Four petitioners, have invoked inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to quash an order dated 7.12.2012 passed by Sri Ashutosh Khaitan, learned Judicial Magistrate, Patna ( hereinafter referred to as the “Magistrate”) in Complaint Case No. 1897 of 2012. By the said order the learned Magistrate after conducting enquiry has taken cognizance of offences against all the accused persons i.e. the petitioners, for offences under Sections 379, 385 and 34 of the Indian Penal Code.

2. As per complaint petition short fact of the case is that the complainant in the month of April, 2008 took a loan of Rs. 2,00000/- from the petitioner no. 1 i.e. Magma Fincorp Limited for purchasing a Maruti Alto Car (hereinafter referred to as the “vehicle in question”) on 60 equal monthly installments of Rs. 4,600/- each. At the time of obtaining loan the complainant had also given thirteen blank Cheques to the accused persons on an assurance that after clearance of the loan amount the said Cheques will be returned. As per complaint petition the complainant regularly paid installment for about 1 ½ years and thereafter