1. Out of the four accused in C. C. No. 274 of 1974 on the file of the Chief Judicial Magistrate's Court, Kottayam, the 1st and 2nd accused have filed this petition. The 1st petitioner is the 1st accused and the 2nd petitioner is the 2nd accused. The first petitioner is described as the president of the Hindustan Motors Ltd., Hind Motor, Hooghly, West Bengal, and the 2nd petitioner is described as Mr. S. K. Datta, Service Co-ordination Manager, Hindustan Motors Ltd., Hind Motor, Hooghly, West Bengal (Project Service Division). The 3rd and 4th accused are respectively, M/s. Marikkar (Motors) Ltd, Trivandrum and Mr. Ummer, Manager, M/s. Marikkar (Motors) Ltd., Kottayam. The complainant in the criminal case is one K. M. Joseph of Kanjirappally.

2. The averments in the complaint against the four accused persons are, in short, as follows. The complainant booked with the branch office of M/s. Marikkar (Motors) Ltd., Kottayam on 3-111973, for the purchase of a new Ambassador car for his daughter. Necessary earnest money of Rs. 4000/-was deposited. The complainant received the intimation that the car was ready for delivery and he paid Rs. 34,479.00 on 29 81974 and the car was re