JUDGMENT

M.M. DAS, J. — This application under Section 492 of the Code of Criminal Procedure has been filed by the petitioners, who are accused persons in C.T. Case No.1064 of 2004 pending before the learned S.D.J.M., Angul seeking quashing of the said criminal case.

2.The relationship between the parties is that the opp. party no.2-complainant is the son of the petitioner nos. 1 and 2 and the brother of petitioner no.3. He filed a complaint before the learned S.D.J.M., Angul under Section 200 Cr.P.C., inter alia, alleging that he and the accused persons formed a partnership firm by a deed of partnership dated 31.3.1997 and carried on business in coal, coal rejects transportation of coke, iron and steel and other item and to carry on such other business which may be determined by and between the parties from time to time. The said partnership firm was named as “Manorath Mercantile Company” and the share of the complainant in the profit of the said firm was fixed at 20%. The capital contribution of the complainant was 12% amounting to Rs.1.00 lakh in cash and another Rs.1.00 lakh by cheque paid in favour of the said firm. He further alleged that he was the registered owner of two Tipp