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 & Communication in the aforesaid Institute. The complainant also had a telephonic talk with the accused/Petitioner No. 2 through accused No. 3. The complainant further stated that the accused Nos. 2 and 3 asked him to pay capitation fee of Rs. 6,00,000/-, for admission in the aforesaid subject of study proposed by him, and accordingly, the complainant's father also agreed to pay the capitation fee, for admission of the complainant under the management quota in the Institute managed by the accused-Petitioners. The complainant was given written assurance by accused/Petitioner No. 2, for complainant admission in the subject as aforesaid. The complainant accordingly, applied for admission in Modi Institute of Technology, Kota, Rajasthan in Electronic & Communication branch of study. The complainant also paid the required fee and the capitation fee as demanded by the accused/Petitioner No. 2 and accused No. 3. However, on 25.8.2008, the complainant, to his utter surprise found that his name did not appear in the final allocation of seat. Eventually the complainant had to return home empty handed and heart broken from the Institute. The capitation fee deposited by the complainant was also not refunded.

3. On the basis of the complaint filed by the complainant/opposite party, a case was registered as C.R. Case No. 644/08, under Section 420/427/418/409 IPC. The learned Court below after recording the depositions of a few witnesses, in due consideration of the materials on record, vide order dated 31.3.2009, took cognizance of offence under Section 420/427/418/409 of IPC and issued summons for appearance of the accused Petitioners in the Court.

4. The Petitioner Nos. 1 and 2, who are accused Nos. 1 and 2 in the complaint case, have filed this revision petition, for quashing of the impugned order dated 31.3.2009, passed by learned Sub-Divisional Judicial Magistrate, Sankardev Nagar, Hojai.

It has been contended on behalf of the Petitioners that presently the Institute is running with five (5) Engineering Branches, namely, Electronics & Communication Engineering, Computer Engineering, Information Technology, Electrical Engineering & Applied Electronics & Instrumentation Engineering, with present intake of students in all branches numbering 390. The Petitioners further stated that Modi Institute of Technology is approved by the All India Council for Technical Education (AICTE), New Delhi (a Central Government Body), Government of Rajasthan and affiliated to Rajasthan Technical University, Kota and Rajasthan University, Jaipur. Accordingly, in terms of the rules of AICTE out of total intake of seats, in the University, 70% seats are to be filled up by the State Engineering Competitive Examination, i.e. Rajasthan Pre Engineering Test (RPET) and 15% seats are to be filled up by All