Birendra Kumar, J.

Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for Opposite Party No.2.

2. The petitioners are accused in complaint case No.1310(C) of 2012 brought by Opposite Party No.2 Akansha Enterprises. By the impugned order dated 07.05.2013 processes have been issued against the petitioners to face the trial for the offence under Section 420 of the Indian Penal Code as well as for the offence under Section 138 of the Negotiable Instruments Act.

3. The petitioners have challenged the impugned order in this application under Section 482 of the Cr.P.C. on the ground that the ingredients of offence under Section 420 of the Indian Penal Code is prima facie not made out as the dispute between the parties is contractual dispute of civil nature.

4. According to the complaint petition, the complainant is a business enterprise and doing his business as super distributor. The petitioners were retailers, They took different cosmetic goods of Rs.2,37,719/- from the complainant and issued five cheques for payment. Subsequently, the petitioners took cosmetics of Rs.2,63,072/- and again they issued cheques for payment