D.K. Sinha, J.

1. The petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the cognizance order dated 18.7.2003, passed by Smt. Prem Lata Tripathy, Judicial Magistrate, 1st Class, Bokaro in Complaint Case No. 117 of 2003 for the offence under Sections 341, 323, 373, 385 and 379 of the Indian Penal Code and further proceedings arising out of the order impugned aforesaid.

2. Heard Mr. M.B. Lal, learned Counsel for the State as well as Mr. Anil Kumar on behalf of the opposite party No. 2.

3. The prosecution story, in brief, is that petitioner-accused Ashok Kumar Mukhopadhyay and obtained loan to the turn of Rs. 80.000/- from the informant opposite party No. 2, Santosh Ghoshal on 8.2.2001 but on repeated demand, the lent out money was not returned. The petitioner executed a deed in writing about borrowing the said amount with the promise to return the same on 22.11.2002. But after expiry of the said period when the complainant-opposite party No. 2 repeated his demand to return the said amount, the petitioner made subterfuged the matter on one pretext or another. Ultimately the complainant-opposite party No. 2 sent a legal notice on