Rekha Kumari, J.

1. This is an application under Sec. 482 of the Code of Criminal Procedure for quashing the order dated 10.08.2005 passed in Complaint Case No. 76/05, T.R. No. 1519 of 2005 whereby the learned Sub-divisional Judicial Magistrate, Sasaram has ordered to issue summons against the petitioners to face trial for the offences under Sections 418, 406 and 120-B of the Indian Penal Code.

2. The case of the complainant opposite party No. 2 Manoj Kumar Singh is that he is a business man. He was in need of a motor vehicle for his business. Petitioner No. 3 Manoj Kumar, an agent of Maurya Motors Limited met him and on his assurance to get a good vehicle, he came to Patna and met the other petitioners. They also assured him a defect free new vehicle with warranty of three years under hire purchase agreement with Tata Motors Limited. Accordingly the complainant entered into an agreement for purchase of Tata 207 diesel vehicle and purchased the same. However, after running 7000 Kms. the back compressor started giving trouble. After running of 10000 Kms. he went to the work shop of the petitioners for servicing. The petitioners assured that the defect would be cured. But the