Nure Alam Chowdhury, J. - (1.) This revisional application under section 482 of the Code of Criminal Procedure on behalf of the petitioner No. 1, M/s. Housing Development Finance Corporation Ltd. of 169, Backbay Reclamation, Bombay - 400020, its Managing Director (petitioner No. 2), its Chairman (petitioner No. 3), its Vice-Chairman (petitioner No. 4) and its five Directors (petitioners Nos. 5 to 11), all of Bombay is directed, for quashing of the proceeding being case No. 340 of 1997 pending before the learned Chief Judicial Magistrate, Howrah under sections 420/120B of the I. P.C. and all orders therein including the order dated 2.2.98 arising out of a petition of complaint of the opposite party before this court filed on 24.4.1997 before the learned Chief Judicial Magistrate, Howrah, containing allegations of offences punishable under sections 420/120B I. P. C. in respect of allegation of non-refund of an amount of Rs. 2400/- (two thousand four hundred only) claimed by the complainant but denied by the petitioners with assertion of excess amount received by the complainant to the tune of Rs. 5600/-.
(2.) The impugned order dated 2.2.98 reads as follows: "Order No. 9 dated 2.2.98 complainant is present, all the accused are directed to appear before this court on 20.4.98." Chief Judicial Magistrate Howrah" It appears from the records that by order No. 7 dated 20.8.97, the learned Chief Judicial Magistrate permitted the accused persons (2 to 12), who are the petitioners before this court, to be represented through their Advocate.
(3.) Heard the ld. Advocates for the parties and considered their respective submissions.;