(1.) This petition, under sec. 482 Cr.P.C., read with sec. 397/401 of the Cr.P.C., is preferred by M/S - S. B. Industries, (petitioner No.1) of Borpukhuri and Md. Zakir Hussain (petitioner No.2), S/o Jumil Akhtar, Borpukhuri and Smti. Sahnaz Begum(petitioner No.3), W/o Zakir Hussain, C/o S.B. Electronics, R.N.P. Road, Ward No.14, Hojai, Assam, challenging the legality, propriety and correctness of the orders dated 03.05.2018 and 06.04.2019, passed by Shri I.A. Hazarika, Judicial Magistrate 1st class, Kamrup (M) in case No. C. R. 3366/2016 (M/s S.B. Industries and 2 Others Vs. M/s Eastern Infratech). It is to be mentioned here that vide impugned order dated 03.05.2018, the ld. Court below has not only closed cross-examination of the P.W.1, but also issued NBWA against the petitioners No. 2 and 3, and vide impugned order dated 06.04.2019, the ld. Court below has rejected the petition filed by the petitioner u/s 311 Cr.P.C. for allowing them to cross-examine P.W.1.
(2.) Heard Mr. N. K. Murry, learned counsel for the petitioners and also heard Mr. J. Chopra, learned counsel for the respondent.
(3.) The factual background, leading to filing of the present petition is adumbrated herein below:-