JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding including the order dated 20.02.2019 passed by the learned Judicial Magistrate-1st Class, Koderma in Complaint Case No.693 of 2017 by which the learned Magistrate has found prima facie case for the offences punishable under Sections 406 and 420 of the Indian Penal Code and now the case is pending in the court of learned Judicial Magistrate-1st Class, Koderma.

3. The allegation against the petitioner is that the petitioner took one Hywa vehicle on hire with a promise to deposit Rs.53,700/- every month with the finance company from which company the complainant took the Hywa vehicle. The petitioner paid the said amount for nine months and thereafter stopped paying the money and when the complainant approached the petitioner-accused person, the petitioner-accused person informed him that the Hywa vehicle has been lost and only after getting the same he will deposit the money as promised by him.

4. The learned Magistrate vide order dated 20.02.2019 after taking i