JUDGMENT :

PRABHAT KUMAR SINGH, J.

1. The present application has been filed for setting aside/quashing the order dated 25.06.2016 passed by learned Judicial Magistrate, Patna (hereinafter referred to as “Magistrate”) in Complaint Case No. 25388 (C) of 2014 whereby the learned Magistrate has taken cognizance under Sections 409, 420 and 120B of the Indian Penal Code against the petitioners as well as order dated 15.11.2017 passed by learned Additional Sessions Judge-X, Patna (hereinafter referred to as “Addl. Sessions Judge”) in Criminal Revision No. 542 of 2016 whereby the learned Addl. Sessions Judge has approved the order of learned Magistrate by holding that there is no illegality in the order of cognizance.

2. It is submitted on behalf of petitioners that petitioner no. 1 in the present case is the ICICI Bank, petitioner no. 2 is Zonal Head Retail of ICICI Bank, Bhopal, petitioner no. 3 is Regional Head of ICICI Bank, Patna, whereas petitioner no. 4 is the Branch Manager of ICICI Bank, Frazer Road, Patna and all have been made accused only when steps were taken for recovery of the loan amount and properties, kept as security, were auction sold.

3. The brief fact, giving rise to the