(1.) The present application has been filed for quashing the order dated 24.7.2009 passed by the learned Judicial Magtistrate, 1st Class, Patna in Complaint Case No.1599(c) 2009 taking cognizance against the petitioner under Sections 342, 379 and 452 IPC.
(2.) According to the complaint it has been alleged that the petitioner who is the Legal Manager of HDFC Bank Limited at Kolkata, alongwith some other persons entered the verandah of the complainant and obtained five post dated cheques after brandishing a countrymade pistol, in connection with the defaulted installments in relation to a vehicle taken by the opposite party on finance basis.
(3.) Learned counsel for the petitioner submits that the present complaint has been filed in retaliation to an earlier complaint filed by the HDFC Bank against O.P. No. 2 bearing Complaint Case No. C/36041/08 before the learned Magistrate at Kolkata in respect of which cognizance under Section 138 N.I. Act has also been taken on 18.12.2008 and summons issued.