1. The petitioner who along with others has been arrayed as accused in Complaint Case No. 27(C) of 2006 has prayed for the quashing of the order dated 15.4.2006/17.4.2006 passed therein by the learned Sub-Divisional Judicial Magistrate, Patna, whereby he has taken cognizance for offences punishable under Sections 420 and 406, IPC as also Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the N.I. Act").

2. The prosecution case is based on the complaint petition filed by one Sushil Kumar, the complainant, impleaded herein as O.P. No. 2 for and on behalf of himself and of the Company Sparsh Technologies of which he is the proprietor. It is stated in the complaint petition that accused No. 1, is a company running in the name and style of M/s. Anand Data Solutions through its Director (accused No. 2-petitioner) having its office at Mahavir Medical OppositeMain Gate and accused Nos. 3 and 4 are the partners of the said company, all of whom have ultimate control and authority over the said company. It is alleged that persuaded and induced fraudulently by the aforesaid accused persons on 14.9.2004 at Patna the complainant and accused persons entered into a