1. This application under Sec. 482 of the Code of Criminal Procedure has been filed to quash the order of cognizance dated 21.10.2005 passed by Sri Sanjay Kumar, Judicial Magistrate, 1st Class,Bettiah in Complaint, Case No. 160(C) of 2005, Tr. No. 912/05 thereby and thereunder cognizance has been taken under Sections 406 and 420 of the Indian Penal Code against this petitioner and others.

2. Heard learned counsel for the petitioner. No one appeared on behalf of Opposite Party No. 2 in spite of service of notice.

3. It is submitted on behalf of the petitioner that the petitioner is a Managing Director of M/s Ankur Business Pvt. Ltd. whereas the Opposite Party No. 2 was authorised dealer of the product of the company of the petitioner. It is further submitted that in course of business transaction a cheque of Rs. 86,460.00 was given by the complainant to the petitioner which was presented in the Bank but was bounced, as a result of which the petitioner filed a case before the Chief Metropolitan Magistrate, Calcutta bearing case no. 886 of 2004. After cognizance summon was issued against the Opposite Party No. 2. Thereafter the present case was filed by the Opposite Party No.