Ahsanuddin Amanullah, J. – Heard learned counsel for the petitioners; learned A.P.P. for the State and learned counsel for the 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 on behalf of the petitioners for quashing the order dated 25.1.2005 passed by the learned Chief Judicial Magistrate, Patna, in Complaint Case 188 (M) of 2005 filed on 25.1.2005, taking cognizance under sections 403, 406,409,420,425,504 and 34 Indian Penal Code, against the petitioners and the same is at present pending in the court of Sri Ratan Kumar Singh, Judicial Magistrate I, Patna for trial.”

3. The allegation against the petitioners is that on the one hand they had taken loan from the complainant Company and on the other hand had started removing plant and machinery from the Unit.

4. Learned counsel for the petitioners submitted that this is a purely civil dispute between the loanee and loaner which has been given the colour of criminal case, which is an abuse of the process of the court. It was submitted that the petitioners had got only Rs. 51 Lakhs out of Rs. 60 Lakhs sanctione