1. The sole accused of Complaint Case No. 590(C) of 2007 prays for the quashing of the order dated 31.5.2007 passed therein by Sri Shashi Bhushan Niraj, Judicial Magistrate, First Class, Patna, whereby he found a prima facie case made out to proceed against the accused for commission of offences under Sections 406 and 420 IPC. Sajan Kumar, the complainant, impleaded as O.P. No.2 herein, tiled the aforesaid complaint on 7.3.2007 inter alia stating that he as the proprietor of Shree Agrawal Brothers carries on business of a whoe sale dealer of Siyaram Suitings and Shirtings where on 2.2.2006 he was approached by the petitioner stating that he was the proprietor of Mangalam Vastralaya at Murliganj where he carries on retail vending of clothes and purchased clothes on credit worth Rs. 93,958/- vide amanti purja nos. 074 to 077 and assured to make the payment thereof within 30 days after he had been explained of the terms and conditions of such business. It is alleged that the petitioner herein out of the said amount paid a sum of Rs. 48,405/- and had illegally and intentionally held up the outstanding balance 45,553/-. The further allegation of the complainant is that notwithstand