I.A. Ansari, J.

1. With the help of this application, made under Section 482 CrPC, the two petitioners, who are accused in Complaint Case No. 2866C/2009, pending in the Court of the learned Sub-Divisional Judicial Magistrate, Kamrup, Guwahati, has sought for quashing of the complaint, in question, which has given rise to the case aforementioned. I have heard Mr. R. Sarma, learned counsel for the accused-petitioners, and Mr. P. Kataky, learned counsel, appearing for the complainant-opposite party.

2. Briefly stated, the complainant's case runs thus :

(a) The complainant constructed, on his own land, a double-storied RCC building in the year 1988 and started running hotel business, in the said premises, under the name and style of M/s Hotel Pragjyotish. Sometime in the year 2007, the present petitioners, as partners of M/s L. M. Commercial house, approached the complainant with the proposal to take, on lease, the said hotel on payment of monthly rent and also to construct the remaining floors of the said building, namely, 2nd, 3rd and 4th floors at their own cost. In terms of an agreement arrived at, a tenancy agreement was executed, on 02.11.2007, between the complainant, on th