1. This Criminal Revision case is directed against the order dated 7-10-2003 passed in Crl. M. P. No. 3779 of 2003 in C.C. No. 1020 of 2002 on the file of XXIII Metropolitan Magistrate, Hyderabad by which the learned Magistrate dismissed the application filed by the petitioners under S.239, CrPC.

2. Briefly, the facts are that the petitioners are A1 to A5 in the said C.C. The said C.C. arises out of a complaint presented by R2 - M/s. Nagarjuna Construction Company Limited, which formed the basis for registering a case in Crime No. 630 of 2002 under S.403, S.406, S.409 and S.420 of IPC. The complaint averments are that M/s. Diamond Cables Limited (petitioner No. 1 herein) agreed to supply the following materials to the complainant :

The complainant was supposed to make the payment through a letter of credit. In view of certain administrative problems for arranging letter of credit, the complainant officials had further discussions with the officials of M/s. Diamond Cables Limited and it was mutually agreed in writing that the consideration money should be paid within 45 days from the date of supply and that the Purchase Order should be backed - up by Bank Guarantee. M/s. Diamond Cable