1. Heard Mr. Krishna Mohan, learned counsel for the petitioner, Mr. S.M. Manzar Ahsan, learned counsel for the opposite party No. 2 and the learned APP on behalf of the State.

2. In this application, the petitioner has prayed for quashing the entire criminal prosecution launched against him on the complaint filed by the opposite party.

3. The complaint made before the Chief Judicial Magistrate, Bhagalpur reveals that the petitioners and the opposite party, two businessmen deal with Silk materials, entered into a written agreement for supply of some cloth by the opposite party to the petitioner. The petitioner is an exporter and on getting materials, he exports the same. The allegation of the complainant is that on 17.12.1998 the petitioner and one Ram Autar Yadav met the complainant and requesced him to enter into a business contract with the petitioner in T.G. cloth each month. The sample shown by the complainant satisfied the accused and he confirmed the order. Terms and conditions were enumerated in the said contract. Admittedly, this written agreement was entered into on 9.1.1998. However, when on 9.1.1998 the complainant asked for the amount for the order of 6070.45 me