A.C. Upadhyay, J.

1. The Petitioners above named have challenged the order dated 31.3.2009 passed in C.R. Case No. 644/2008, by the Sub-Divisional Judicial Magistrate, Sankar Dev Nagar, whereby cognizance of offence under Sections 420/427/418/409 IPC was taken against them along with one Sri Kailash Poddar.

2. I have heard arguments advanced by Mr. G. N. Sahewala, Sr. Advocate, assisted by Mr. P. Bora, learned Counsel for the Petitioner and Mr. A. M. Bora, learned Counsel for the complainant/Respondent

Facts leading to filing of this criminal petition, may be stated in brief, as follows-

Sri Nipon Kr. Nath, complainant/Respondent lodged a complaint case before the Sub-Divisional Judicial Magistrate, Sankar Dev Nagar, Hojai, alleging inter-alia, that one Sri Kailash Poddar (i.e., accused No. 3 in the complaint case), acting as an agent of the accused No. 1 and 2 (Petitioners herein), assured admission of the complainant/Respondent above named and two other prospective students, namely, Dibya Jyoti Bora and Abhijit Goswami, for enrolment in Modi Institute of Technology, Kota, Rajasthan, and accordingly, they applied forgetting admission in the branch of Electronics & Communicatio