JUDGMENT :

1. In both the petitions common question of law and cognizance order are under challenge that is why both the petitions have been heard together with the consent of the learned counsel for the parties.

2. Heard Mr. Rohan Mazumdar, learned counsel for the petitioners, Mr. Tapas Roy and Mr. Ravi Prakash, learned counsels for the State and Mr. Devnandan Rajak, learned counsel for the O.P. No.2.

3. Both the petitions have been filed for quashing of entire criminal proceeding including order dated 10.08.2009 passed by the learned Chief Judicial Magistrate, Deoghar in P.C.R. Case No. 919 of 2007 whereby cognizance has been taken under sections 406, 420 of the I.P.C., pending in the Court of learned S.D.J.M. at Deoghar.

4. The complaint petition has been filed alleging therein that complainant and his other co-sharers have given their building on rent of Rs. 3,370/- per month to the Branch Manager, S.B.I. Branch, Sarwan District. The said Branch is being run from the year 1985. As per the agreement, the rent of the above building is being deposited in joint savings Account No. 01150060047.

5. It was also agreed upon between the parties that any amount from the above account shall be