I.A. Ansari, J.

1. This is an application, made under Section 482, Code of Criminal Procedure seeking to get set aside the Order dated 7-8-2008, passed by a learned Judicial Magistrate, Guwahati, in CR Case No. 7889/2007, whereby the learned Judicial Magistrate, having taken cognizance of offences under Sections 420 and 409 read with Section 34, I.P.C. directed issuance of process to, amongst others, the present accused-Petitioner, the Petitioner No. 1 being the accused No. 1 and the Petitioner No. 2 being accused No. 2 in the complaint case aforementioned.

2. I have heard Ms. M. Hazarika, learned Senior counsel, for the accused-Petitioner, and Mr. U. Bhuyan, learned Counsel, appearing on behalf of the complainant-opposite party.

3. Before entering into the contents of the complaint and determining the question as to whether the complaint discloses commission of any offence, it is imperative to point out, at the very outset, that the accused-Petitioner No. 1, namely, Mahindra and Mahindra Financial Service Ltd., (hereinafter referred to as 'the accused company') is, admittedly, a company registered under the Companies Act, 1956, which finances purchase of vehicles, and the accuse