(1.) THE petitioner Naren Kumar Modi and Ganesh Modi @ Soman Kumar Modi have preferred this petition for quashing of the entire criminal proceeding as well as the cognizance order impugned dated 10.1.2003 passed by the Court of C.J.M. Dumka in Dumka (Town) P.S. Case No. 194/2002 corresponding to G.R. No. 1114/02.
(2.) ON the receipt of the notice of the Court the O.P. No. 2 appeared and filed counter -affidavit. Petitioners have also filed supplementary affidavit, which are on the record.
(3.) LEARNED counsel for the petitioners submitted that no documentary evidence was produced on behalf of the O.P. No. 2 in support of the allegation that the petitioners had actually taken loan of Rs. 2,40,000/ - from the O.P. No. 2 and therefore, they have not committed any offence as alleged rather they have been implicated due to their business rivalry.