JUDGEMENT
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(1.)Parties are present before me through their learned advocates. Heard them at length.
(2.)This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure filed at the instance of Mr. R.L. Kanoria and 4 others seeking to set aside the order dated October 7, 1997 passed by the learned Metropolitan Magistrate, 6th Court, Calcutta in the proceeding being No. C/2363/97 pending before the said learned Court under Section 406 of the Indian Penal Code and/or quashing of the aforesaid proceeding.
(3.)The short facts leading to the filing of this application are as under:
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