This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the order taking cognizance dated 21.01.2011 passed by the learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in Complaint Case No. 2952(C) of 2010 whereby he has summoned the accused persons including the petitioner after finding a prima face case to be made out under Sections 409, 418, 384 and 166 of the Indian Penal Code.

2. The complaint case was filed by one Kamal Deo Thakur in the court of Chief Judicial Magistrate, Bettiah, West Champaran alleging therein that he was having savings account and a joint current account with his wife in the Central Bank of India, Lal Bazar, Bettiah Branch (for short ‘the bank’) and he had overdraft arrangement against various fixed deposits. On 06.06.1980 he took locker facility by paying one year rent in advance at Rs.40/- and renewed time to time through executing an agreement dated 06.06.1980 and the overdraft arrangement in the said current account was continuing. The bank debited Rs.40/- on 06.06.1980 from the said current account with overdraft as locker’s rent in advance and everything was well till