the Company being made accused as has been held by the Hon’ble Supreme Court in the case of R. Kalyani v. Janak C. Mehta & Ors. reported as 2008 (7) Supreme 794 , the relevant being at paragraph 27. It was submitted that even as per the complaint, the Opposite Party No. 2 had paid the amount to the husband of the petitioner in Cr. Misc. No. 6054 of 2013, and, thus, no payment being taken by the petitioners, the allegation against them is malicious. Learned counsel submitted that the Company in question, upon the death of the husband of the petitioner of Cr. Misc. No. 6054 of 2013, had inducted the petitioners as Directors. It was further submitted that thereafter, there was an agreement between the Company and the owners of the land and others by which all the assets and liabilities of the Company were taken over by them and in the Annexure-1 of the said agreement dated 11.08.2003, by which the original development agreement dated 14.01.1998, by which the land owners had entered into an agreement with Magadh Coloniser Private Limited was cancelled, shows that the wife of the opposite party no. 2 had booked the flat at a total cost of Rs. 3,25,000/- and, thus, from that time onwards, the liability rested with the owners to make good whatever loss may have been suffered by the complainant and not the petitioners. Learned counsel submitted that even otherwise, the issue basically
