Narayan Roy, J.

1. I have heard the learned Counsel for the parties.

2. By this application, the petitioner has prayed for quashing the order taking cognizance dated 17-8-1990 for offences under Secs. 420 and 406 of the Indian Penal Code. It appears that opposite party No.2 filed a complaint in the Court of the Chief Judicial Magistrate, Gaya, stating therein, inter alia, that the petitioner had telephoned the complainant informing him that he had acquired the distribution right of picture Santosh in the State of Bihar. He had assured the complainant on telephone that he needed Rs. 60,000.00 for releasing that picture and he would definitely hand over the print to him on 3-3-1989 for exhibition on 21-2-1989, all the accused persons, including the petitioner, came to Gaya at the residence of the complainant where a contract was concluded in between the accused persons and the Complainant, and the complainant paid Rs. 40,000.00 by a demand draft and also paid Rs. 20,000.00 in cash. After payment of the amount aforesaid, the complainant insisted for handing over the print of the film Sanlosh but somehow or the other the accused persons went on making false excuse and ultimatel