By Court. - Heard the parties.

2. This application has been filed for quashing of the order dated 4.11.2000 passed in Complaint Case No. 763 of 2000 by the then Judicial Magistrate 1st Class Jamshedpur whereby and whereunder cognizance of the offence punishable under Sections 420, 379 and 406/34 of Indian Penal Code has been taken against the petitioners.

3. Before adverting to the submission advanced on behalf of the parties, facts giving rise to this application need to be taken notice of.

4. It is the case of the complainant that he after purchasing a truck bearing No. HR 38-7260 has given it to petitioner No.1-Regional Manager of M/s. Precious Carrying Corporation Ltd., Jamshedpur for transporting the consignment from Jamshedpur to Kalambali, Maharashtra on a freight of Rs.36.200/-. That truck in course of coming to Malambali got stuck up at Nagpur on account of some mechanical defect. information of which was given to the complainant who on 25.12.1999 permitted the petitioners to arrange another truck and to take consignment to its destination and also asked them to return the truck but the petitioners did not return the truck rather went on plying it and earned Rs.800 pe