The petitioner seeks quashing of the entire proceeding including the order dated 15.01.2007 passed in Complaint Case No.1975-C of 2006 by Ms. Saroj Kumari, Judicial Magistrate, 1st class, Patna, by which she has taken cognizance under section 406 Indian Penal Code.

2. After the Counsels for respective parties were heard at length, the Court felt the necessity of perusing the documents that had been mentioned in the Petitioner?s application and required him to file the same. Hence by way of a Supplementary Affidavit, the communication between the BICICO and the Petitioner were brought on record. None of them are disputed by the Opposite Party No.2.

3. Before I advert to the contents of the Complaint, I wish to record the documented details of the transaction that took place between the parties.

On 14.05.2005, the Opposite Party No.2 in response to a tender for purchase of assets of M/s Barway Granite & Stone Co. Pvt. Ltd., Pandra, Ratu Road, Ranchi, wrote to the Managing Director, Bihar State Credit & Investment Corporation Limited, the following:–

“I have seen your advertisement for sale of assets of different sick-closed units of Bihar & Jharkhand area. In this connection, I had