1. Heard learned counsel for the parties.

2. The order taking cognizance, for offences under Sections 420, 406, 427 and 120B of the Indian Penal Code, as well as issuance of process, under Section 204 of the Code of Criminal Procedure (in short the “Cr.P.C.”), by order dated 04.06.2016, passed in Complaint Case No. 2530(C) of 2015, by the Court of learned Judicial Magistrate, 1st Class, Patna, has been sought to be quashed, in exercise of power under Articles 226 and 227 of the Constitution of India.

3. The petitioners are accused in the above referred complaint case brought by respondent no. 3 Mr. Rishu Bajaj.

4. The challenge is on the ground that the matter is of pure civil dispute and the allegation disclosed in the complaint petition and statement of the witnesses under Section 202 of the Cr.P.C. does not disclose commission of any offence, especially, the offences for which cognizance has been taken and the prosecution of the petitioners suffers from mala fide.

5. A brief facts leading to the filing of the complaint petition is that petitioner no. 1 Pankaj Agrawal @ Pankaj Dudhewala and respondent no. 3 Rishu Bajaj had entered into a partnership business through a regis