2. Petitioner seeks quashing of the cognizance order dated 13.06.2008 passed by the learned Judicial Magistrate, 1st Class, Araria in Complaint Case No. 565C of 2008 thereby taking cognizance of offence under Sections 406 and 420 of the Indian Penal Code.

3. Complainant-O.P. No. 2 filed a complaint stating that in the year 2003, accused-petitioner having licence of export approached him to supply him foodgrains for exporting to Bangladesh, as he deals in purchase and sale of foodgrains. Issue of H.Form was raised by the complainant then accused-petitioner assured that he would make the payment regularly after receiving each consignment and before final settlement of the account, H.Form would be handed over to him. Complainant used to send foodgrains to the destination mentioned by the accused petitioner from the period 23.09.2003 to 10.03.2005. Petitioner also made payment by various cheques with regard to price of the foodgrains being supplied regularly, but he did not make payment with respect to some amount. It is alleged by complaina