This rule arises on an application under Section 482 of the Cr. P. C. and is for quashing of criminal proceeding in Case No. C 1398 of 1979 pending before the Metropolitan Magistrate, 17th Court, Calcutta including the order dated 3-8-1979 issuing summons against the petitioner under Section 409 of the I. P. C.

2. On 3-8-1979 a complaint was filed by the opposite party No. 2 describing him as a partner in respect of the business of Customs Clearing and Forwarding Agent etc. in the name and style of M/s. New India Corporation. It is alleged by the complainant that since the early part of 1978 the petitioner behaved in a manner prejudicial to the interest of the firm and the complainant and three instances were stated as overt acts constituting the offence under Section 409 of the I. P. C. After examining the complainant and the two other witnesses the learned Chief Metropolitan Magistrate by the order dated 3rd Aug. 1979 summoned the petitioner under Section 409 of the I. P C. It is against this order issuing summons that the petitioner has come up to this Court.

3. Mr. N.C. Banerjee, learned Advocate appearing on behalf of the petitioner, places the petition of complaint whi