SHAMSHUL HASSAN, J.

1. The petitioner in this application seeks their quashing of the order, dated 18.8.1979, by which charge has been framed against him and also the entire proceeding in the court of Judicial Magistrate, 1st class, Patna in GR. No. 963/76. Monghyr Town P.S. Case No. 43(8)76. By the aforesaid order dated 18.8.1979 charge has been framed under section 420 and 409 of the Indian Penal Code (hereinafter referred to as the Code).

The petitioner admittedly is an agent for the sale of lottery tickets of the Government of Bihar. Though this fact has not been stated in the First Information Report, it has not been challenged by the petitioner. The sale for tickets for Bihar Lottery was governed by Government instructions, which were modified from time to time. The prosecution of the petitioner in this case relates to the 62nd draw. The Petitioner, it is alleged received tickets worth Rs. 33,364/- from the District Lottery Officer and paid the amount by two cheques being cheque no. HD/24- 255521 dated 8.11.1975 and BD/24-2555 dated 30.11.1975. On receipt of these cheque–the petitioner was handed over the tickets for the aforesaid draw. These cheques on presentation to