(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 30.6.2004 passed by the Judicial Magistrate, Ist Class, Patna in Complaint Case No. 955 (C) of 2004 by which he has directed to issue summons against the petitioner for facing trial for the offence under Sections 426, 504 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.
(2.) HEARD both the sides.
(3.) AS regards the first submission of the learned Counsel for the petitioner, for the commission of offence under Section 426 I.P.C. the act, must be covered by the definition of mischief as provided under Section 425 I.P.C.