Surendra Narain Jha, J.

In this application, the petitioner prays for quashing the order of cognizance dated 1.5.80 passed in G.R. No. 831 of 1979/T.R. No. 1638 of 1981 by the Chief Judicial Magistrate, Madhubani and also the entire criminal proceeding.

2. The facts are these the petitioner was and is the proprictor of Om Flour Miles situated in the town of Jainagar. He entered into a contract with the Bihar State Food and Civil Supply Corporation Patna (here in after the corporation) in 1974 as agent for dehusking paddy to be collected from different godowns of the Corporation situate in different Blocks of the district. The Corporation headed by a Managing Director has its district offices at district level (hereinafter referred to as 'the district office' managed by a District Manager. The Corporation has its one such district office at Madhubani. There was an agreement between the petitioner and the Corporation. Under the terms of the agreement, the petitioner had to deposit security and also to furnish an indemnity bond. According to the terms of the agreement, the petitioner agreed and bound himself for the milling of the procured paddy according to the directions of the District Manager. Clause 4 of the agreement also indicates that the petitioner, as agent shall maintain arrangements at different Blocks/Market to receive food grains on behalf of the corporation. Under clause 17 of the agreement, the Miller will present a bill for supplies and service in the prescribed form duly supported by such certificates of weight, quantity, rebate in price and other documents as may be prescribed from time to time by the corporation. It is stipulated in the agreement that the corporation will arrange to make payment within seven days (Working) from the date the bill is received in the office to the miller of the amount due to him by crossed cheque or demand draft on the nearest branch of the State Bank of India or its subsidiaries. A copy of the agreement was produced at the time of hearing of this application. It is stated that under the terms of the said agreement, the petitioner commenced the work of dehusking paddy after collecting from different godowns as per directions of the District Manager. The petitioner under the terms of the agreement had to deliver dehusked paddy at the rate of 62 5 quintals for every 100 quintals of fair average quality and the delivery of the same was to be done at the Mill Gate. It is not disputed that the petitioner began his work and he used to receive quite good amount of paddy from time to time and the same was delivered to the corporation through its officer of the district office in shape of rice in accordance with the specified rate and there was no complaint against the petitioner. It is stated in the petition that the petitioner submitted his bills from time to time. But he did not receive any substantial payment and the amount due to him by then swelled up to above Rs.54,000/- and odd. In the meantime, the petitioner again received a consignment of paddy, but as the paddy was not of good and average quality but it was rotten therefore the petitioner immediately informed and made a complaint to the District Manager about the quality of the paddy but the District Manager turned deafears to the complaint of the petitioner. The petitioner still delivered back the rice as per specification and refused to take up any fresh work till his dues were paid up on this act of the petitioner, the District Manager got displeased. The District Manager despite the reminders and requests made on behalf of the petitioner, did not make any arrangement either for settling up the accounts or for making payment to the petitioner and the matter was dragged on. It is also stated in the petition that in view of the repeated demands made by the petitioner, the District Manager got so much annoyed that he managed to institute a proceeding against the petitioner under the Maintenance of Internal Security Act a