JUDGMENT

N.K. Bhattacharyya, J. - By this revision the accused-petitioner has come up before this Court praying for quashing the Complaint Case No. 175C of 1993 pending in the Court of the learned Judicial Magistrate, 2nd Court, Howrah, and also for setting aside the order dated 2nd February, 1994 passed by the said learned Magistrate in the said case.

2. The fact silhouetted behind this case is that the Opposite Party No. 1 herein filed a petition of complaint before the learned Chief Judicial Magistrate, Howrah, alleging, inter the, that the complainant is the proprietor of M/s. R.A Pipe Fitting Co. of 12/5, Musalman Para Lane, P.S. Bantra, District Howrah, and deals in the business of iron pipe and pipe fittings. The complainant-Opposite Party No. 1 received a letter from the accused-petitioner herein on 11.10.1991 asking for delivery of certain materials on terms that payments should be deferred by ninety days from the date of the delivery of the material. The complainant-Opposite Party met the accused-petitioner on 27th July, 1991 at Madurai and talked about the letter for supply of the materials. On believing the representation of the accused-petitioner, the complainant-Oppos