Ahsanuddin Amanullah, J.

Heard learned counsel for the petitioner; learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:

"That this application is preferred for quashing the order dated 3.09.2011 passed by the court of Smt. Namita Chandra, Judicial Magistrate, Ist class, Patna in complaint case No. 1474 /2011 whereby and whereunder cognizance of the offence allegedly committed by the petitioner under section 420 of the Indian Penal Code and section 138 of the Negotiable Instruments Act has been taken."

3. The petitioner at the relevant time was posted as Deputy General Manager of Jakson Limited, manufacturer of power generators. The allegation is that he along with other co-accused Hemant Kumar Das, proprietor of M/s Interface Industrial Systems had taken an amount of Rs. 10,75,000/- from the complainant (opposite party no. 2) for supply of 160 KW/200 KVA silent DG set of Jakson Company but the same was not delivered and the cheques returned by the co-accused of Rs. 10,75,000/-, as also Rs. 1,25,640/- towards interest were not h