( 1 ) THE hearing arises from an application under section 397/401 read with section 482 Cr. PC filed by the petitioners praying for quashing the criminal proceeding being Case No. C-259/2004 pending before the Court of learned Judicial Magistrate, 9th Court, Alipore and for setting aside the order dated 20. 09. 2004 rejecting the prayer for exemption from their personal appearance under section 205 Cr. PC.

( 2 ) THE circumstances leading to the above application are that O. P. No. 2 firm purchased poultry feed supplement, worth of Rs. 2,25,134/- from the petitioners' company M/s. Harshawardhan Laboratory Pvt. Ltd. and in part discharge of liability issued a cheque dated 10. 02. 2003 for Rs. 1,72,974. 34/-drawn on State Bank of Mysore Rashbehari Avenue Branch, Kolkata, dihonoured with the remark "payment stopped by the drawer". The company issued a notice dated 14. 03. 2003 requesting for payment of the amount, but no amount was paid by O. P. No. 2 firm, for which the company filed a complaint before the Court of learned Chief Judicial Magistrate, Indore under section 420 IPC and section 138 N. I. Act against the said firm and its partners, whereupon c