(1.) Heard Mr. H.R.A. Choudhury, learned Senior counsel for the petitioners and Mr. B. Ahmed, learned counsel appearing for the respondent Complainant.
(2.) This is an application for quashing of the complaint in CR Case No. 364/2005 whereby the learned Magistrate vide impugned order dated 9.6.2005 took cognizance and issued process.
(3.) The quashing of the complaint has been sought mainly on the ground that the respondent complainant had earlier filed a complaint case being CR 284/2003 which continued for about two years but as the complainant failed to produce witnesses it was dismissed vide order dated 16.5.2005 which reads as follows :