P.K.Deb, J.

1. This application is under Section 482 of the Code of Criminal Procedure for quashing the entire prosecution of the petitioner in relation to the Complaint Case No. 1437/98, now pending before the Judicial Magistrate 1st Class, Muzaffarpur. Prayer has also been made for quashing the order dated 17.12.1998 whereby cognizance has been taken against the petitioner under Sections 418/406 of the Indian Penal Code.

2. Opposite party No. 2, Baidyanath Jha, happens to be the Manager of M/s. Nirmala Pictures having its headquarters at Muzaffarpur and Patna carrying in business of distribution of films for Bihar and Nepal. Opposite Party No. 2 has entered into an agreement with M/s. Ramdeoji Art International whose partners are accused No. 1, Narendra Kumar Anchalia and accused No. 2, Kanhaiya Lal Anchalia having their headquarters in Calcutta, who were also engaged in film distribution. In the distribution of film "Gharwali Baharwali which was being produced by the petitioner, Pradeep Sharma the offer was made by the partners of M/s. Ramdeoji Art International which was accepted by the complainant and on their request handed over a demand draft of Rs. 2,51,000/-to the