Sanjay Priya, J.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 10.08.2015 passed by the Judicial Magistrate, 1st class, Rosera, in Protest-cum-Complaint Case No.1220 of 2013 by which learned Magistrate after holding enquiry has found prima facie case against the petitioner and others for the offence under Sections 420 Indian Penal Code.

2. Heard learned counsel for the parties.

3. Counsel for petitioner submits that no offence under Section 420 Indian Penal Code is made out in this case. Allegation made by the Complainant is with regard to non-payment of money by the petitioner.

4. Counsel for the Complainant-Opposite Party No.2 submits that enquiry was held by the District Education Officer, Samastipur, and several irregularities were found and it was mentioned in the enquiry report that money has been paid to the persons, who were not eligible for the same.

5. Counsel for the petitioner, in reply to the aforesaid submission, has submitted that in the Solemn Affirmation of the Complainant itself, it is mentioned that amount of Rs. 22,65,000/- and odd was received during the period of In-Charge Principal, Dr. A