JUDGMENT

I. MAHANTY, J. — The petitioners herein, namely, Mobashar Javed Akbar and others have sought to challenge an order dated 28.1.2002 taking cognizance of offence under Section 420, IPC in I.C.C. No.41 of 2000 pending before the Court of the S.D.J.M., Bhubaneswar on the basis of a complaint filed by opposite party. Asian Age (Utkal) Publication (P) Ltd.

2. On perusal of the complaint filed by the opposite party (Complainant, it appears that the allegations contained therein pertain to purported allegations for violation of terms and conditions of a tripartite agreement dated 7.5.1995 entered into by Asian Age (Utkal) Publication (P) Ltd. (Complainant-Company) and Mr. Mobashar Javed Akbar (Opp.Party No.1) and the then Franchise Holder Sri Swapna Sudhan Bose representing Asian Age Newspaper.

3. The complainant alleges that he had incurred substan¬tial expenditure pursuant to the memorandum of understanding entertained into between the parties amounting to Rs.19,47,693/- towards pre publication expenses including sum of Rs.7,12,400/- for two MTNL lines. It was further alleged that due to illegal aborting the contract, the accused persons had not returned the amount spent by the