Heard learned counsel for the petitioners; State and opposite party no. 2.

2. The petitioners have moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:

“That, this is an application for Quashing of the order dated 04.04.2013 passed by Sri R V Kumar, Judicial Magistrate, 1st Class, Barh in Complaint Case No. 54(C ) of 2013 by which cognizance of offences under section 420 of the IPC has been taken against the petitioners.”

3. The allegation against the petitioners is that despite having received Rs. 6,75,020/- for supply of 390 bags of Masoor, the same was not delivered to the opposite party no. 2 (complainant).

4. Learned counsel for the petitioners submitted that from the plain reading of the complaint itself, it is apparent that the dispute relates to financial transaction, that too arising out of a commercial agreement between the parties and the institution of a criminal case is an abuse of the process of the Court as the opposite party no. 2 has the remedy under the common civil law by approaching the Civil Court of competent jurisdiction. It was submitted that the petitioners have been unnecessarily harassed by lodging of t