JUDGMENT

M. R. Mullick, J.- This is an application under section 401 read with section 482 of the Code of Criminal Procedure for quashing the proceeding of Case No. C/66/86 under section 403 of the Indian Penal Code pending before the Metropolitan Magistrate, 11th Court, Calcutta. The facts are briefly as follows:

2. The opposite party No.2 as complainant filed a petition of complaint before the learned Addl. Chief Metropolitan Magistrate, Calcutta on February 22, 1986 against the present petitioner along with two others, inter alia on the ground that the complainant and the accused petitioner along with other brothers started a partnership business in the year 1966 and the complainant opposite party regularly participated in the business up to 1978, but thereafter the complainant opposite party became sick and went to his native place, but when he came back in the month of September, 1985, he found that name of the partnership business has been changed and the petitioner has he en running the said business by converting the said partnership into an ownership one without giving any share of the partnership business to the present opposite party. It was also alleged that though the