A.B. Mukherjee, J.

In C.R.R. 3343 of 1997 the petitioner has prayed for quashing the complaint case No. 6/92 of 1997 (G.R. No. 287 of 1997) pending before the ld. Additional Chief Metropolitan Magistrate, Calcutta and also the impugned order dated 4.10.97.

2. The case of the petitioner in short is that opposite party No. 2 filed a complaint before the Ld. Additional Chief Metropolitan Magistrate, Calcutta making certain allegations against the petitioner and others and the latter sent the complaint to the officer in charge of Burrobazar P.S. for investigation by a competent officer treating the petition of complaint as an F.I.R, under section 156(3) of the Criminal Procedure Code. The facts contained in the said complaint which was numbered as C/82 of 1997 in brief is as follows:-One Shyam Mohan Agarwal agreed to sell to the company of opposite party No. 2, 1650 M.T. of wheat at Rs. 550 per M.T. and in pursuance of the agreement 90.5 lacs was sent to Shyam Mohan Agarwal by the said company. Shyam Mohan Agarwal procured wheat from various sources in Uttar Pradesh and kept the same in the business premises of the petitioner. Said Shyam Mohan Agarwal failed to send the wheat to