Heard learned counsel for the petitioner learned counsel for the State and learned counsel for the opposite party no. 2.

2. This application under Section 482 of the Code of Criminal Procedure, 1973 (For short „the Code?) is directed against the order dated 16th March, 2012 passed by the learned Judicial Magistrate-1st Class, Samastipur in Complaint Case No. 906(C)/2011 whereby and whereunder the learned Magistrate after taking cognizance of the offence punishable under Sections 420 and 504 of the Indian Penal Code summoned the petitioner for trial in exercise of powers conferred under Section 204 of the Code.

3. The complainant/opposite party no. 2 had filed the present complaint against the petitioner and one Ravi Bhushan Thati alleging, inter alia, that on 13th September, 2009, he had approached M/s. Chandana Auto Centre, Mohanpur, Samastipur for the purchase of a tractor for agricultural purposes. He paid Rs. 1,20,000/- on his own and further had taken loan of Rs. 3,00,000/- from the employer company of the petitioner, Mahindra and Mahindra Financial Services Ltd. (For short „the company?) which is a Non-Banking Financial Company. In accordance with the agreement betwe