1. Heard the learned counsel for the petitioner.

2. The opposite party no.2 has appeared through his counsel, upon notice being issued by this Court. The matter was passed over since the learned counsel for the opposite party no.2 had not appeared. However, the learned counsel for the opposite party no.2 has again not appeared even upon second call.

3. In view of the aforesaid, this Court deems it fit and proper to proceed with the matter.

4. Shorn of unnecessary facts, the brief facts of the case is that the complainant, namely, Srawan Kumar Modi had filed a Complaint case bearing No. 2024 of 2012 before the court of learned Chief Judicial Magistrate, Muzaffarpur, inter alia stating therein that the complainant is the representative of one Om Shri Vijay Corporation, Muzaffarpur and he is also an agent of one Bharti Prints, situated at Surat, Gujrat. The complainant has further alleged in the complaint petition that the petitioner had come to the place of the complainant on various occasions requesting him to transport the goods through his transport company, namely, N.E.C.C. Ultimately, the complainant is said to have asked the Bharti Prints, Surat, Gujrat to transport clot