1. Heard Mr. Chitranjan Sinha, learned Senior Advocate appearing for the petitioner, Mr. Ashok Kumar, learned Additional Public Prosecutor for the State and Mr. Rajeev Sah, learned Advocate, who appeared suo motu on behalf of the complainant opposite party no.2.

2. This application under Section 482 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’) has been filed by the petitioner for quashing of the order dated 11.10.2017 passed in Complaint Case No.410(c) of 2017 by the learned Judicial Magistrate, 1st Class, Patna by which she has summoned the petitioner and three others under Section 204 of the Cr.P.C. after finding a prima facie case to be made out under Sections 406 and 420 of the Indian Penal Code (for short ‘the IPC’).

3. The short facts of the complaint according to the complainant are that he is a businessman residing in Patna. He purchased a Samsung Grand Prime 4G Smart Phone on 08.01.2016 on payment of rupees ten thousand from a shop named as ‘New Mahi Telecom’ situated at Twin Tower, South Gandhi Maidan, Patna. After 4-5 months, the said phone began to give trouble and the same was presented to M/s Baidnath Electronics, the Samsung authorized service