Sanjay Priya, J.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 14.08.2013 passed by the Judicial Magistrate, 1st class, Patna Sadar, Patna, in Complaint Case No.1093 (C) of 2013 by which the learned Magistrate after holding enquiry has found prima facie case against the Petitioners for the offence under Sections 409 Indian Penal Code.

2. As per Complaint Petition, the Complainant hired Mr. Sudhanshu Sinha, Proprietor of Suniti Enterprises for carrying and forwarding the products of the Complainant-Company to the customers in the State of Bihar since 2004 vide several agreements, the latest of which was executed on 28th September, 2010, effective from 1st March, 2010, till 29th February, 2012.

3. Pursuant thereto, from and after 1st March, 2010, the Complainant forwarded products and samples, owned by it to the accused for the purpose of dispatching the said products and samples to the Complainant-Company's Stockists/Dealers immediately on receipt of orders from Stockists/Dealers. The forwarded products and samples were stored by the accused at the Warehouse, which was taken on lease by the Complainant-Company