M. Sasidharan Nambiar, J.

1. Petitioners are the accused in CC 216/2009 on the file of Chief Judicial Magistrate Court, Ernakulam, taken cognizance for the offence under S.420 of Indian Penal Code on Annexure - A5 private complaint filed by second respondent. Petition is filed under S.482 of Code of Criminal Procedure to quash the cognizance taken on Annexure - A7 final report for the offence under S.420 of Indian Penal Code as well as Annexure - A8 order passed by the learned Magistrate, in a petition filed by the second respondent under S.451 of Code of Criminal Procedure. Second respondent filed Annexure - A5 complaint before the Chief Judicial Magistrate, Ernakulam against the petitioners alleging that they committed offence under S.420 of Indian Penal Code. Learned Magistrate sent the complaint for investigation under S.156(3) of Code of Criminal Procedure, based on which Annexure - A6 FIR was prepared and crime No. 1666/2009 of Ernakulam Central Police Station was registered. After investigation Annexure - A7 final report was filed which was taken cognizance by the learned Magistrate. When JCB, which was purchased by the first petitioner on the financial assistance of the