( 1 ) THIS is an application under S. 401 read with S. 482 of the Code of Criminal Procedure for quashing the proceeding of Case No. C/66/86 under S. 403 of the 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 Feb. 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 Sep. , 1985, he found that name of the partnership business has been changed and the petitioner has been running the said business by converting the said partnership into a ownership one without giving any share of the partnership business to the present opposite party. It was also alleged that though the accused petitioner and