JUDGMENT :

B.K. Behera, J. - The five Petitioners, figuring as the accused persons in a case u/s 420 of the Indian Penal Code, on the petition of complaint made by the opposite party, who is the proprietor of the South Indian Match Trading Company having business at Cuttack, in the Court of the Chief Judicial Magistrate, Cuttack, who, after having the complaint enquired into by a Magistrate of the second class, has taken cognisance of the offence on the basis of the report submitted by the Magistrate after examining the opposite party, and one witness, have made this application u/s 482 of the Code of Criminal Procedure ('the Code', for short) for quashing the criminal proceeding against them. Mr. R. Mohanty for the Petitioners has urged that the opposite party has alleged violation of contractual obligations and in the absence of prima facie materials making out an offence of cheating, no cognisance could be taken against the Petitioners who have falsely been implicated by the opposite party in his complaint filed as a counter blast to and for his defence in the suit instituted by the Petitioners against the opposite party arising out of the same contract. Mr. Tripathy, the learned