( 1 ) THIS is an application under section 462 of the Code of Criminal Procedure for quashing the order dated 15-8- 78 of the trial Magistrate taking cognizable under sections 406 and 420 read with section 34, I. P. C. against the applicants on a complaint being filed by the non-applicants 2-4.

( 2 ) THE non-applicants 2 and 3 are partners of the firm Nandkishore Mohanlal which is doing business in grains in Azad Chouk, Raipur. The firm sells grains at different places of India through Commission Agents. The applicants 1-3 are partners of the firm Banka Trading Company and doing business in grains on commission in Mansoorgunj, Patna. On 16-2-78 non applicant No. 2negotiated on telephone with the applicants for selling their grains in their Adat. It was stipulated that the complainants would despatch grains by rail and the railway receipt would be sent through the Bank which can be obtained by the applicants on honouring the Hundi drawn for an amount equal to 3/4th price of the grains. After taking delivery, the grains to be sold by the applicants and the balance remitted to the complainants after deducting the 3/4th of the price, the commission of the applicants and,