1. Heard learned counsel for the petitioner and the State.

2. The petitioner seeks quashing of the entire proceeding including the order dated 29.9.2005 passed. by the Judicial Magistrate, 1st, Class, Munger, in Complaint Case No. 765 (C) of 2005 by which he has taken cognizance under Sections 406, 419 and 427 of the Indian Penal Code.

3. The case of the complainant is that on a certain date he had purchased four packets of Pan Parag Pan Masala. In each packet was a Scratch Card and 50 pouches of Pan Parag. It was written on the Scratch Card that on scratching the san1C the buyer would get, prize of Rs. 5 to 50. When the petitioner scratched the first Card. he found Rs. 7/- written on it. In the next two, only Rs. 3/- was written and, hence he did not scratch the rest. He complained that the accused persons in order to cheat, the public at large had made false promises, as regards quantum of prize money.

4. The admitted position is that the complainant did not annex any documents and the Court took cognizance only on the basis of the oral allegations levelled in the complaint, complainants statement on Solemn Affirmation and oral supporting statements of two witnesses.

5. The peti