ANIL KUMAR SRIVASTAVA II, J.

1. Heard Sri G.S.Chaturvedi, learned Senior Advocate assisted by Shri Ashish Mishra, learned counsel for the petitioners, learned AGA and perused the record.

2. Opposite party No. 2 is represented through counsel but none is present on his behalf, although counter affidavit has been filed on his behalf.

3. The instant petition under section 482 Code of Criminal Procedure, 1973 (In short 'Cr.P.C.') has been filed with the prayer to quash the proceedings of Complaint Case No. 449 of 2007, Deepak Srivastava v. Sunil Bharti Mittal and others under section 420/406 Indian Pena Code (In short 'IPC'), Police Station Gomti Nagar, District Lucknow pending in the court of Additional Civil Judge (Junior Division), Court No. 36, Lucknow and the impugned orders dated 13.08.2007 and 16.1.2008 passed by the learned Magistrate summoning the accused petitioners to face the trial under section 420 IPC.

4. A complaint was filed by opposite party No. 2 against the petitioners stating that the petitioners are connected and working for each other in Airtel Company and are responsible for the business, affairs and policies of the company. The petitioner No. 1 is Chairman