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

2. Petitioner seeks quashing of order dated 25.02.2011 passed by the Judicial Magistrate, 1st Class, Bhagalpur in Kahalgaon P.S.Case No. 388 of 2004 thereby petition filed under Section 239 of Cr.P.C. by the petitioner-accused was rejected.

3. The brief facts giving rise to the case is that initially a complaint was filed by the O.P. No. 2/complainant levelling allegation that he entered into an agreement with the petitioner, a registered contractor with N.T.P.C. in the year 1994, to do works of the N.T.P.S. project. A written agreement was signed by both on 18.08.1994; moreover, authorities of the N.T.P.C., other accused persons, also allowed in writing to do extra job by the complainant on behalf of the petitioner. In completing the work assigned to the complainant, he incurred expenses of Rs. 4,04,450/- including making payment to the labourers engaged in completing the project. However, some additional work was also assigned to him by the officials of the N.T.P.C. and the same was completed by the complainant and submitted bill of Rs. 2,67,714/- but the payment was not made despite notice sen