Sudhindra Mohan Guha, J.

This Criminal Revision arises out of an application under Ss. 401 and 397 read with S. 482 of the Criminal Procedure Code filed by All India Reporter Ltd. and others for quashing the order dated 9.3.79 passed by Shri A.K. Bishi, Judicial Magistrate 1st Class, Sealdah in C. No. 171 of 1979 issuing summons against the petitioners on the complaint of Shri Srish Chandra Nath, opposite party No. 1 and also the proceedings in that very case.

2. That complaint was filed on the allegations that the complainant while practising at Gauhati in or about 1955, the Company (petitioners) approached him through its representative to purchase 12 shares on full payment on condition that they would supply AIR journal month by month free of cost and carriage in lieu of dividend and/or other benefits, till the life time of the shareholder and would pay dividend and other benefits after his death to his heirs or transferee if the A.I.R. journal was no longer needed. The complainant agreed and paid Rs.1200/- for 12 N.C. preference shares in January, 1955. On receipt of the amount the Company began to send A.I.R. journal month by month free of cost and carriage since then. T