By this application under Section 482 of the Code of Criminal Procedure, 1973 (for short ' the Code' ), the applicants-original accused, seek to invoke the inherent powers of this Court, praying for quashing of the proceedings of Criminal Case No. 1383 of 2002, pending in the Court of the learned Metropolitan Magistrate, Ahmedabad, Court No. 16.

2. The facts giving rise to this application may be summarized as under:-

2.1 The respondent No. 2-original complainant, filed a private complaint in the Court of the learned Metropolitan, Magistrate, Ahmedabad, against the applicants herein, of the offence punishable under Sections 420 and 406 of the IPC. The same was registered as Criminal Case No. 1383 of 2002. After recording the verification of the complainant on oath, the learned Metropolitan Magistrate, Court No. 16, Ahmedabad, thought fit to issue process under Section 204 of the Code, for the offence under Section 406 of the IPC.

2.2 It is the case of the complainant that the applicants herein, who are Partners of a Partnership firm running in the name of Mark Enterprise had borrowed in all a sum of Rs. 1,20,000/- from the complainant for the purpose of business. According to