MANAGING DIRECTOR Vs. SUJIT KUMAR DAS

JUDGEMENT

(1.) HEARD Mr. RL Yadav, learned counsel, for the petitioners, who are accused in Complaint Case No.129/2006, pending in the Court of the learned Chief Judicial Magistrate, Bongaigaon.

(2.) BY making this application, under Section 482 Cr.PC., the accused- petitioners have put to challenge the order, dated 30.06.2006, passed, in Complaint Case No.129/2006, by the learned Court below taking cognizance of offence under Section 406 read with Section 34 IPC and directing issuance of process against the present petitioners fixing the case for their appearance.

(3.) WHAT is, now, necessary to note is that subsequent to passing of the impugned order, a letter was issued by the accused-petitioners, addressed to the complainant, informing the complainant to the effect that they were enclosing with the letter, dated 28.05.2006, a draft indemnity bond, which shall be furnished by the complainant on a non- judicial stamp paper of Rs.25/- on the same having been signed by the partners of M/s. Nandan and Brothers so as to enable the accused- company make payment of the dues of the said firm. A draft indemnity bond was accordingly enclosed.