1. Heard M/s Kumar Madhurendra & Gopal Govind Mishra, the learned counsel for the petitioner, M/s S.C. Mitra and Sudhir Kumar Raj, the learned counsel for O.P. Nos. 2 and 3 and Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State.

2. By this application the petitioner who happens to be the Deputy General Manager (Sales) Hindustan Motors Ltd., one of the accused of Complaint Case No. 2134 (C) of 2005 has prayed for the quashing of the entire proceeding arising therefrom including the order dated 2.6.2006 passed therein by Sri S.K. Mishra, Judicial Magistrate, 1st Class, Patna, whereby he had taken cognizance of offence under Sections 403, 418 and 120B IPC and had also issued non- bailable warrants of arrest.

3. It appears that the Hindustan Motor Limited (hereinafter referred to as "the Company") entered into an agreement with the complainant M/s Aayushee Media Consultant (hereinafter referred to as "the complainant") for publication of certain advertisements in newspapers and the complainant carried out their part of the agreement but the payment therefor was allegedly not made. Eventually certain sums of the outstanding amount was paid by the Company and for the bala