JUDGMENT :

K.P. Mohapatra, J. - In this petition u/s 482 of the Code of Criminal Procedure ('Code' for short) the Petitioners, who are accused in I.C.C. Case No. 337 of 1983 of the court of the Chief Judicial Magistrate, Cuttack, have challenged the order of cognizance of an offence u/s 420 of the Indian Penal Code ('I.P.C.' for short).

2. Facts in brief as stated in the complaint petition are narrated. The opposite party is a wholesale dealer of cloth having his shop premises at Choudhury Bazar. The Petitioners related as father and son respectively belong to Coach Behar in West Bengal and carryon business in textile goods. Generally they visit important places, purchase different varieties of cloth from wholesale dealer and sell the goods in exhibitions and in this process they earn huge profits within a short time. They came to Cuttack for the purpose of exhibition and sale of textile goods sometime in December 1983 and stayed in Hotel Lords at Haripur Road, where in the foyer they opened an exhibition shop of textile goods. On 3.12.1983 they approached the opposite party and wanted to purchase cloth on credit promising that every night they will make payment of Rs. 1000/- to him.