JUDGMENT :

Heard learned counsel for the petitioners, learned counsel for the State and learned counsel representing opposite party no. 2.

2. In Cr. Misc. No. 49848 of 2018 the petitioner has moved this Court for quashing of the order taking cognizance dated 17.09.2016 and issuance of summons to the petitioner by learned A.C.J.M., Patna in Complaint Case No. 3495 (c) of 2015 for the offence under Section 406 of the Indian Penal Code.

3. In Cr. Misc. No. 30534 of 2018 the petitioner seems to have challenged the order dated 20.01.2018 passed by learned Ist Additional Sessions Judge, Patna in revision case giving rise to Cr. Revision No. 557 of 2016 by which order taking cognizance and issuance of summons to the petitioner dated 17.09.2016 passed by A.C.J.M., Patna in Complaint Case No. 3495 (C) of 2015 has been affirmed.

4. Facts in brief are identical. The opposite party no. 2 claims himself proprietor of one M/s Win Trust Solution Company which is a proprietorship firm having its office at Patna. The Opposite Party No. 2 entered into an agreement with M/s Punj Lioyd Private Limited for installation of solar plants. It is the case of the opposite party no. 2 that pursuant to the agreeme