ARUN KUMAR, J.:–The quashing application has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 challenging order dated 29.1.2009 passed by Judicial Magistrate 1st Class, Gaya in Complaint Case No.198 of 2008 whereby he has taken cognizance of the offence under Sections 406 and 420 of the Indian Penal Code as well as under Section 138 of N.I. Act, 1881.

2. The complainant’s case as narrated in the complaint petition in brief is that on 14.4.2008, the accused/petitioner entered into a contract with the complainant who deals in bamboo business for supplying bamboos more than 2000 in numbers and ballas for the period 14.4.2008 to 25.4.2008 the total value of hired article is 1,20,050/- the rent for hired period was fixed Rs.13,000/-. On 14.4.2008 on the day of entering into contract the accused paid Rs.3,000/- in cash against the rent amount and a cheque of Rs.25,000/- for payment of rest rent amount with assurance to pay rest rental charges in cash on 25.4.2008, thereafter, the cheque would be returned back to him; even after expiry of the period neither hired articles were returned back to him nor rent was paid in cash so he presented the cheque ea

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