JUDGMENT

P. Venkatarama Reddi, J.-Leave granted and the appeal heard on merits.

2. The respondent herein filed a private complaint in the court of Chief Judicial Magistrate, Indore, alleging that the appellant committed an offence of cheating in relation to a transaction of supply of 1500 mt. tons of polypropylene brastec which is a raw material required for manufacture of HDPE/PP bags. In January 1994 the respondent-Company placed orders on a German Company named M/s. Kunstoplast Chemic GMBH .... for the supply of 1500 mt. tons of polypropylene brastec through the media of the appellant in accordance with the price and terms specified in two indents. According to the appellant, it is a business agent of the German Company, though according to the respondent, the appellant claimed to be a representative and associate of the German Company. Pursuant to the deal, an irrevocable letter of credit was opened in favour of the German Company covering the value of entire quantity of 1500 mt. tons. Out of that quantity, only 50 MTs. were shipped on 9.3.1994 and the letter of credit was encashed to that extent. The remaining quantity which was expected to be supplied as per the contract was