JUDGMENT :

B.R. Sarangi, J. - The petitioners have filed this application to quash the proceeding initiated against them and to set aside the order refusing to recall the order dated 12.02.2002 passed by the learned S.D.J.M., Panposh in I.C.C. Case No. 56 of 2001 taking cognizance of the offence punishable under Sections 420/403/406/34 I.P.C. The facts as revealed from the complaint petition are that M/s. Jamshedpur Beverages Ltd. appointed one Umakanta Barik as a dealer for its product who was carrying on business in the name and style of "Subhalaxmi Agency" at Rourkela. During the course of business, Umakanta Barik paid different amounts at different points of time to the Company for its product and other business. All the transactions of the Company in respect of Umakanta Barik were either made by him or through others. The Company has never transacted business with anybody else in respect of the business of Umakanta Barik in their personal capacity. The complainant-Trilochan Barik filed a complaint case stating that the petitioners in the capacity of Managing Director of the Company and one Bani Prasad Banerjee, who was an employee of the said Company, are responsible for commit