1. THIS rule is for quashing proceedings pending in the Court of Shri R. P. Roy Choudhury, Presidency Magistrate, 11th Court, Calcutta, under Section 420 of the Indian Penal Code against the accused petitioner, Keshore deo Goenka in Case; No. C/998 of 1969.

2. THE facts leading to the Rule are chequered but can be put in a short compass. The parties are business men. The complainant carries on business in supplying paper cuttings to different Mills, while the accused is the chief executive and partner of Kishore and co, Agent of Orient Paper Mills Co. Ltd. of Brajaraj Nagore, Orissa. The parties are known to each other for sometime past and had several transactions before the incident in question which appears ultimately to be based on an agreement broad based upon some correspondence. On 18.1.68, the complainant filed a petition of complaint under section 420 I.P.C. against the accused in the Court of the learned Chief Presidency Magistrate, calcutta. The allegations inter alia, are that the complainant had supplied four wagons of white paper cuttings to the accused in August, 1967 and on 28. 8. 1967, after sending the last wagon when he went to the accused for the price o