Rongon Mukhopadhyay, J. - (1.) Heard Mr. Manoj Tandon, learned counsel appearing for the petitioner and Mr. Shekhar Sinha, learned A.P.P., for the State. No one appears on behalf of the opposite party No. 2 in spite of valid service of notice. In this application the petitioner has prayed for quashing the entire criminal proceedings in connection with Complaint Case No. 699 of 2005 including the order dated 2.8.2005 passed by Smt. Kusum Kumari, learned Judicial Magistrate, 1st Class, Jamshedpur whereby and whereunder cognizance has been taken for the offences punishable under Ss. 406, 420, 323, 506/34 of the Indian Penal Code.
(2.) A complaint case was instituted by one Rajendra Prasad Yadav (opposite party No. 2) wherein it was alleged that there was an agreement between the accused persons including the petitioner and the complainant for purchase/sell of tractor 275 Dl of Mahindra and Mahindra made on hire purchase and according to the said agreement the complainant had handed over 35 cheques to the accused persons. It is alleged that the accused persons had assured the complainant that they would return one cheque after the other to the complainant on payment of installment against the financed amount for the said transaction.
(3.) Allegation has also been made that though the complainant used to regularly pay installments to the accused persons but the accused persons with a view ta extort money from the complainant had withheld all the cheques which became apparent after the complainant was served with a notice of a criminal case instituted against him by accused No. 5 who is also a colleague of the petitioner and the accused Nos. 2 to 4.;