ORDER :

Dr. A.S. Anand, J.

1. The appellant filed a complaint in the Court of the Chief Judicial Magistrate, Nagpur being Criminal Case No. 391 of 1984 for an offence under Section 420 Indian Penal Code. In substance the grievance projected in the complaint was that but for the unequivocal assurances given by the respondents to the appellant, the material would not have been supplied by the appellant nor cheques accepted, which were later on not honoured because of the lack of funds. The complaint was forwarded for enquiry to the police under Section 202 Criminal Procedure Code and after receipt of the enquiry report, the learned trial Magistrate issued process against the respondents. The respondents, thereupon, filed a criminal application in the High Court under Section 482 Criminal Procedure Code seeking quashing of the complaint and the issuance of the process. The High Court vide the order impugned herein quashed the complaint. Aggrieved, the appellant is before us.

2. We have heard learned counsel for the parties at length and examined the record. It appears to us that the High Court was primarily influenced by the fact that since there was a commercial transaction between the