S.Shamsul Hasan, J.

1. This application seeks the quashing of the entire prosecution, including the order dated 14-1-1980 passed by the Chief Judicial Magistrate Motihari, in G. R. Case No. 701/76, by which cognizance of an offence under Sections 420, 409, 406 of the Indian Penal Code, as against the petitioner, has been taken and another accused Tara Kant Mishra has been discharged. It is this Tara Kant Mishra who is the first informant.

2. Admittedly, this petitioner was appointed an agent by the District Lottery Officer, Motihari, to sell Bihar State lottery tickets on the basis of commission and was allotted Code No. E 510.

3. A written report was lodged by Tara Kant Mishra, who was the District Lottery Officer, East Champaran, Motihari, on 21.5.1976. In order to appreciate the points raised by learned Counsel for the petitioner it is essential to set out the entire report, which is as follows: From; Sri T. K. Mishra, District Lottery Officer, East Champaran, Motihari. To The Officer-Incharge, Town Police Station, Motihari. Dated, Motihari, May 21, 1976. Sir, Shri Hari Krishna kay son of Shree Krishna Sahay of Champaran (P. O. P.) District Hazanbagh, at present Hirapur, Dhanbad, was appointed as a Lottery agent by the District Lottery Officer, Motihari, to sell the Bihar State Lottery tickets by an agreement and was allotted a Code No E-510 Bihar State Lottery ticket worth Rs. 2,97,160.00 (Rupees two lacs ninety seven thousand one hundred and sixty) only have been sold to him and he issued cheques against the price of Bihar State Lottery tickets details of which are given below: Cheques No. BD/14 661128 dated 29.9.1975 for Rs. 30,400.00 (Rupees thirty thousand four hundred) only has been dishonoured on the ground that the accused has no money in the Bank against which the said cheque could be encashed. Cheque No BD/24 255621 dated 9.12.1975 for Rs. 1,52,000.00 (Rupees one lac and fifty two thousand) only. Cheque No. BD/15 780450 dated 11.7.1975 for Rs. 76,000.00 (Rupees Seventy six thousand) only. Cheque No. BD/24 2555605 dated 8.11. 1 975 for Rs. 38,750.00 (Rupees thirty eight thousand seven hundred and fifty) only have been dishonoured on the ground that the firms rubber stamp was not given by the drawer but I apprehend that the accused had no money in the Bank concerned against which the above said cheques were issued by him. The accused has intentionally not affixed the rubber stamps on the cheques to conceal his mala fide motive. He had issued the cheques dishonestly knowing full well that the cheque would be dishonoured as he had no balance against which the cheques were issued. After great persuation, he had deposited Rs. 500.00 (Rupees five hundred) in cash and prize winning tickets of Rs. 5000.00 (Rupees five thousand) only. An amount of Rs. 2,91,660/-, (Rupees two lacs ninety one thousand six hundred and sixty) only is still outstanding against the accused. The Bihar State Lottery tickets were given to the accused in good faith and presuming that he had sufficient money in the Bank against which the cheques were issued by him. Under the circumstances, stated above, the accused has cheated and committed criminal breach of trust against the State of Bihar. As it involves heavy amount you are requested to institute and investigate a case under proper sections of I. P. C. under Sections 406, 420, Indian Penal Code, and any other sections as deemed fit and proper. Details of the Cheques and accounts

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Cheque No. Date Amount Name of Bank

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BD/15 780450 11.7.1975 76000 State Bank of India,

BD/14 651125 29.9.1975 30400 Petarbar.

BD/24 2555605 9.11.1975 38769 State Bank of India,

BD/24 155721 9.12.1975 152000 Do. Kadamkuan.

Realised.