Hon’ble Amar Saran, J.—Heard Gopal Chaturvedi alongwith Sri R.C. Upadhyaya and Sri Satish Trivedi appearing for the applicants, and Sri Pankaj Shukla, holding brief of Sri P.K. Gupta for opposite party No. 2 and learned A.G.A.

2. This application has been filed for quashing an order dated 9.3.2004 summoning the applicants under Section 406, IPC, passed on a complaint under Sections 406, 419, 420, 504, 506 and 120B, IPC dated 22.4.2003.

3. The allegations in this case were that opposite party No. 2 was proprietor of M/s. Priya Distributors (in short, the firm). He became an agent for the applicant’s firm M/s. Godrej Pilsbury Ltd. in Gorakhpur. For getting the said agency, he gave a draft of Rs. 11,000/- on 12.10.1998. After that he was appointed as distributor for the food products of the firm. The applicant No. 1, was the area manager of the firm at Gorakhpur and applicant No. 2 was the Chairman of the firm.

4. It was mentioned in the complaint that the complainant gave a draft No. 035011 of Rs. 70,000/- drawn on the Oriental Bank at Gorakhpur but the products were not supplied against the said draft. However, it is mentioned that even thereafter the applicants kept on sending