Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure (in short ‘the Code’), the petitioners have questioned the legality of the order dated 21.06.2004 passed by the learned Judicial Magistrate, Dhanbad whereby and whereunder the cognizance of the offence under Section 406/34 of the Indian Penal Code has been taken and direction has been given to issue summons to the petitioners and further prays for quashing of the entire criminal proceeding in connection with Complaint Case No. 258 of 2004.

2. The facts of the case, which is relevant for the proper appreciation of the issue involved in this case, in short, is that at the instance of complainant Mangal Kumar @ Minu Agarwal, the aforesaid case was instituted under Section 406 and 420/34 of I.P.C. on the allegation that the complainant had purchased a Whirlpool Washing Machine-XL worth Rs. 9,393/- on 04.10.2000 from the shop of an accused Mahesh Patel, who runs the shop under the name and style of Patel & Sons at Chiragora, Dhanbad and at the time of purchase, the present petitioners, who were the Company‘s employees, had assured to give good services to customers. There was seven years